149

Members: Zaghiroon el-Zein, Deputy Director for Irrigation; Yehia AbdelMeguid, Engineer-in-Chief, Water Research.

Article IL If, in future, circumstances should require the bringing aboutof any alteration to the Joint Committee's composition, such an alterationshall be effected pursuant to letters exchanged between the Ministers ofForeign Affairs of the United Arab Republic and the Republic of the Sudanupon the proposal of the appropriate authorities of both countries.

Article IIL The present protocol shall be considered supplementing theAgreement for the Complete Utilization of the Nile Waters signed onNovember 8, 1959, and shall have effect as of the date of its signing.

III. TREATIES RELATING TO AMERICAN RIVERSIII. TRAITlES SE RAPPORTANT AUX FLEUVES AMWRICAINS

Argentina-Paraguay

35. SUPPLEMENTARY BOUNDARY TREATY' BETWEEN AR-GENTINA AND PARAGUAY, SIGNED AT BUENOS AIRES,JULY 5. 19392

Article 6. As soon as this treaty is ratified, both governments shallproceed to appoint a technical commission composed of Paraguayans andArgentines to study and draw up the plan of works necessary to regulatethe proportional distribution of the flow of the river Pilcomayo into itstwo branches on the north and on the south of the frontier line.

36. SUPPLEMENTARY BOUNDARY TREATY3 BETWEEN THEARGENTINE REPUBLIC AND THE REPUBLIC OF PARA-GUAY ON THE RIVER PILCOMAYO AND PROTOCOL 3

ANNEXED TO THE TREATY, SIGNED AT BUENOS AIRESON 1 JUNE 19454

The Governments of the Argentine Republic and the Republic of Para-guay, being desirous of reaching a permanent settlement of the questionof the boundaries pending between the two countries at the PilcomayoRiver, in the region lying between the points known as " Horqueta "and " Salto Palmar " referred to in the Supplementary Boundary Treaty

The exchange of ratifications took place at Buenos Aires on 10 Novem-ber 1939.

2 British and Foreign State Papers, vol. 143, p. 340.3 Entered into force on 16 August 1945.4 Ministry of Foreign-Affairs and Public Worship of the Argentine Republic,

Instrumentos internacionales de cardcter bilateral suscriptos par la Reptzblica Argentina(up to 30June 1948), 1950, vol. II, p. 1181.

150

of 5 July 1939 and the Special Protocol annexed thereto, in which regionthere is in fact no river having a single, continuous and permanent bed,since the waters of the river aforesaid, whether they constitute a water-course or mere marshland, do not have any stability either as a watercourseor as marshland and being subject, owing to the influence of variousfactors, to continual shifts and changes; and being desirous of establishing afrontier line which may serve as a permanent boundary between the twocountries, in accordance with the Final Proposals contained in the FinalReport of the Argentine-Paraguayan Joint Frontier Commission, reproducedin its Record No. 16, dated at the city of Asunci6n on 16 August 1944,which Final Report is annexed to this Treaty and was duly approved by theSupreme Government of the Argentine Republic by Decree No. 27,177M-240 of 9 October 1944 and by the Supreme Government of Paraguayby Decree No. 5,950 of 9 November 1944; and

WHEREAS:

In the aforesaid Final Report mention is made of a dividing line betweenthe two countries in that region and of the procedure for ensuring thestability of the dividing line and the utilization of the discharge of thewaters of the River Pilcomayo on the basis of the plan of hydraulic worksprovided for in the relative Preliminary Project, which was duly noted inthe Record of the" Pilcomayo Joint Technical Commission for Surveys andHydraulic Works ", dated at Asunici6n on 30 November 1943,

RESOLVES:

By mutual agreement, and inspired by a constant desire for peace andconcord, to conclude this Supplementary Permanent Boundary Treatybetween the Argentine Republic and the Republic of Paraguay at the RiverPilcomayo and:

Article 3

For the purpose of ensuring the stability of the dividing line indicatedin article 1 and the utilization of the flow of the waters, the two Govern-ments agree to the construction of the works mentioned in the PreliminaryProject prepared by the " Pilcomayo Joint Technical Commission forSurveys and Hydraulic Works ", as set out in the Record of 30 November1943, signed at Asunci6n, and confirmed by the " Argentine-ParaguayanJoint Frontier Commission " in its Record No. 14, signed at Asunci6n on4 August 1944.

The said works shall be begun not later than two years and six monthsafter the date of exchange of ratification of this Treaty. The procedurefor the financing of and award of contracts for such works is laid down inthe Special Protocol annexed to this Treaty.

Article 4

For the purpose of carrying out and financing the hydraulic works spe-cified in the preceding article, the two Governments agree to establish a"Joint Technical Commission for Hydraulic Works on the River Pil-

comayo ", composed of one technical expert for each country. The Com-mission shall be authorized to make, by mutual agreement and in keepingwith the letter and spirit of this Treaty, such amendments of detail as itmay be deemed necessary or appropriate to introduce into the PreliminaryProject of Hydraulic Works in order to facilitate the construction andmaintenance of the works. The Commission shall begin its work not laterthan three months after the date of exchange of ratifications. Within thetwelve succeeding months it shall submit the definitive plan of the worksand financial estimates to the two Governments, which shall reach a decisionthereon within two months from the date on which they are submitted.

The "Joint Frontier Demarcation Commission " shall take into accountthe amendments of detail introduced into the plan of works and any changeswhich may occur in the main course of the waters within the dike embank-ments referred to in the Preliminary Works Project.

Article 5

The two Governments agree to establish a system for the control of thewaters of the River Pilcomayo throughout its codrse from the tripartitepoint " Esmeralda " (geographic co-ordinates: latitude 220 13' 44". 19south; longitude 620 38' 17". 10 west of Greenwich) to its point of dis-charge into the Paraguay River, and for the maintenance of the worksconstructed and the utilization of the flow of the waters, in such a mannerthat full supervision may be exercised and appropriate measures taken inall cases and with the necessary speed to prevent shifts and changes in thepresent course of the Pilcomayo River in the first and third sectors and inits permanent course in the region of the second Sector. For this purpose a"Joint Argentine-Paraguayan Commission for the Administration andSupervision of the River Pilcomayo " shall be organized as a permanentbody. It shall be composed of one technical expert from each country.Until such time as the hydraulic works provided for in article 3 of thisTreaty have been completed, these functions shall be exercised by the"Joint Technical Commission for Hydraulic Works " established underarticle 4 of this Treaty.

Article 6

For the purpose of providing the necessary finance and for awarding thecontracts for the works referred to in article 3 and for the functioning andregulation of the Joint Commissions provided for in articles 2, 4 and 5 ofthis Treaty, a Special Protocol of the same date has been signed and isannexed to this Treaty.

SPECIAL PROTOCOL TO THE SUPPLEMENTARY TREATY ON THE PERMANENT

BOUNDARY BETWEEN THE ARGENTINE REPUBLIC AND THE REPUBLIC

OF PARAGUAY ON THE RIVER PILCOMAYO

Article 9

The "Joint Technical Commission for Hydraulic 'Works on the RiverPilcomayo ", set up under article 4 of the Supplementary Treaty on the

152

Permanent Boundary of this date, shall be responsible for the ground planand final design of the hydraulic works provided for in article 3 of thattreaty.

Article 10

This Commission shall meet first in the city of Buenos Aires within thetime-limit stipulated in the treaty aforesaid for the purpose of its constitutionand to draw up its Technical and Administrative Regulations, which shallbe submitted for the consideration and approval of both Governments.

It shall also draw up the plans of work for the discharge of its duties.

Article 11

When the final plans for the hydraulic works have been approved byboth Governments, the '"Joint Technical Commission for HydraulicWorks on the River Pilcomayo " shall be responsible for supervising theexecution of these works.

Article 12

The "Joint Technical Commission for Hydraulic Works on the RiverPilcomayo " shall submit for the consideration of both Governments,together with the final plans for the works, details of the measures andorganization necessary for the execution, maintenance and administrationof these works.

Article 13

Until the hydraulic engineering works agreed on are completed, the"Joint Technical Commission for Hydraulic Works on the River Pil-comayo " shall act at the same time as the " Argentine-Paraguyan JointCommission for the Administration and Supervision of the River Pil-comayo ", for the purpose of carrying out article 5 of the SupplementaryTreaty on the Permanent Boundary of this date, and shall submit for theconsideration of the Governments concerned the regulations needed forthat purpose.

Article 14

Within two months after the approval of the final plans and the estimatesfor the works described in article 4 of the Supplementary Treaty on thePermanent Frontier of this date the two Governments shall decide by agree-ment which of them shall undertake to execute these works, the contractsfor which shall be awarded to official departments of firms of the nationalityof the country chosen.

Article 15

The country which is to carry out the works, in accordance with theprovisions of the previous article, shall bear all the expenditure involved.

Article 16

The field activities of the various Joint Commissions shall be recordedin a Field Journal, produced in two identical copies.

Article 17

Each country shall pay the salaries of its staff and any expenditure duein respect of its own Commissions and shall provide them with any in-struments, transport, vessels or other means which they may need for theperformance of their work. The common expenditure of the various JointCommissions shall be borne equally.

Article 18

Any instruments, equipment, vehicles, baggage, provisions and all toolsor articles required by the various Joint Commissions shall be exempt fromcustoms duties in both countries and enjoy complete freedom of entryand transit. The contracting Governments undertake to grant facilitiesfor the transport of civil or military staff, equipment, instruments, etc.belonging to the Joint Commissions, and to allow military or civil aircraft,having a mission to carry out in connexion with the work allotted to them,to fly in the frontier zone and shall grant them for that purpose all facilitiesfor the use of landing fields and hangars.

FINAL REPORT OF THE JOINT ARGENTINE-PARAGUAYAN

FRONTIER COMMISSION1

In accordance with article 4 of the Supplementary Boundary Treatyof 5 July 1939, the Joint Argentine-Paraguayan Frontier Commission,by agreement between the two Delegations, has drawn up the followingFinal Report, which each Delegation will submit to its Government for thepurposes set forth in articles 8 and 9 of the Special Protocol to the saidSupplementary Treaty on the Frontier:

ESTABLISHMENT OF THE JOINT COMMISSION

The Joint Frontier Commission was established under article 2 of theSupplementary Boundary Treaty between the Argentine Republic and theRepublic of Paraguay, signed at Buenos Aires on 5 July 1939, to determinethe frontier line in the area comprised between the following points: tothe north from Horqueta along the inlets formed by the northern arm of theRiver Pilcomayo to the Argentine fort of Caracoles; to the south, from thesame point, Horqueta along the dry bed of the Pilcomayo to the fort ofZalazar, and this point to Salto Palmar; and, to the east, the line comprisedbetween the fort of Caracoles and Salto Palmar.

CONCLUSIONS

The preceding examination shows the unique nature of the River Pil-comayo in the Second Sector, namely the area between Salto Palmar and

1 Ministry of Foreign Affairs and Public Worship of the Argentine Republic,Instrumentos internacionales de cardcter bilateral suscriptos par la Replblica Argentinaup to 30 June 1948), vol. II, p. 1189, Buenos Aires, 1950.

Horqueta, which the Joint Commission was required to survey under theSupplementary Boundary Treaty of 5 July 1939, with a view to proposingthe frontier line. Nevertheless this physiographical examination leads to thefollowing fundamental conclusions as can be seen in both the aerial photo-graphic survey and the topographical surveys on the ground.

2. In the second place the waters of the River Pilcomayo throughout thearea of the Second Sector, whether they form watercourses, or only marshes,lack permanent stability both as watercourses and as marshes. On thecontrary, as seen in the preceding chapter, they are liable to change andshift constantly under the influence of various forces. Hence nothing wouldbe gained by stipulating only one frontier line between the two adjacentcountries. Such a frontier line would be little more than a line on paper.Nature would very soon make it meaningless by sending a large part of thewaters in one direction or another, unexpectedly and capriciously, and partof the territory of one of the bordering countries might be left completelywithout water or covered with useless marshes.

It is necessary, therefore, to fix the course of the waters and to stabilizethem, so that they cannot wander or lie stagnant, and to allow the currentitself to dig and establish its own bed when it has been increased and con-trolled in this way.

This aspect of the question, which is most important, has been consideredby the joint technical commission set up to make a survey and to drawup plans for the works needed to ensure the proportional distribution of thewaters of the River Pilcomayo, as provided in article 6 of the SupplementaryBoundary Treaty.

This joint technical commission has agreed on a preliminary plan ofworks which is described in a Record drawn up at Asunci6n on 30 Novem-ber 1943 (see Record No. 14 in Annex 2). These works consist of the fol-lowing: (I) Two embankments extending from near Punto Horquetaeastwards to the neighbourhood of the Laguna La Bella, one on each sideof the proposed frontier line and about 10 kilometres apart, in order tolimit the area within which the bed described above as the most permanentone silts and changes its course, and to give this bed stability; all this shouldensure that the entire volume of water flowing eastwards past Punto Hor-queta enters the Laguna La Bella; (2) The building of a dam in the LagunaLa Bella, with a discharge intake structure and safety spills; (3) The diggingof a channel of a width of 40 metres and an average depth of one and ahalf metres, across the Patino inlet, from the main outlet of the LagunaLa Bella at a place about 600 metres to the north-north-east of the FortZalazar, and continuing approximately in a straight line to Salto Palmar.

The matter to be solved is more than an affair of frontiers and more thana question of the quantitative division of territory. It is the fixing andproportional distribution between the two neighbouring countries of alarge mass of water which is now lost by evaporation, overflow or lack ofcontrol, in all cases to no advantage. The completion of the works described,which is essential if the river is to be given stability in a single bed withinthe Second Sector, will also confer great benefits on both the borderingcountries, since it will make possible the full use and proportional distribu-tion between them of a volume of water entering at Punto Horqueta, whichamounted to 3,600 million cubic metres in 1942 and which is now wasted.It will make possible the construction of roads on the embankment cause-ways. Finally the increase in the volume of water in a fixed bed, and itscontrol by the dam in the Laguna La Bella, will make possible the use of

large quantities of water for irrigation and the navigation of the RiverPilcomayo from the Laguna La Bella to its mouth in the River Paraguay.Apart from these very diverse and valuable advantages, the frontier ques-tion pending between the two countries will be solved permanently andamicably. There is no doubt that the cost of the works, which is estimatedat 7.5 million Argentine pesos, or about 5.8 million guaranies, is an invest-ment which is not only fully justified but may even be considered relativelysmall. When carrying out the final surveys on the spot for the constructionof the dikes, dams and canals referred to in the report prepared at Asunci6non 30 November 1943 and even during the actual work of construction itmay in certain cases be thought necessary or advisable in the opinion of thetechnical engineers to make certain changes of detail in the preliminaryproject submitted, with a view to facilitating the execution of the works andtheir maintenance. There can be no doubt that the joint hydraulic com-mission to be set up to carry out those final surveys and work of constructionshould be authorized to make such changes of detail, it being understoodthat they are adopted by mutual agreement and in every case in accordancewith the letter and the spirit of the treaties, keeping as close as possible to thefrontier line proposed by the undersigned Joint Commission.

It is possible, also, that when the works have been completed, particularlyin the section between Punto Horqueta and the Laguna La Bella, the mainwatercourse may also undergo certain physical changes as it deepens andestablishes its own bed between the two embankments proposed in theabove mentioned Report of 30 November 1943.

For both these reasons, the Joint Commission thinks that it would beuseful to provide in the Final Boundary Treaty that when the dividing lineis being traced on the spot such changes of detail together with any altera-tions of course between the two embankments should be taken into account.

Lastly, there is no doubt that the maintenance of these works calls forconstant supervision, in order to prevent deterioration and to repair anydamage caused by the weather. Moreover, the whole course of the RiverPilcomayo from Esmeralda to its mouth in the River Paraguay needs specialsupervision for the same purpose. For these reasons, the undersigned sug-gest that a Joint Argentine-Paraguayan Commission for the River Pilco-mayo should be set up to propose to both Governments any measureswhich may be necessary in each case. A special protocol would determinethe duties of this Commission; it would be agreed that although the Com-mission need not be stationed permanently in the area, it would makeperiodical inspections and would go to the area on every occasion whennecessary.

VI

FINAL PROPOSALS

In view of the preceding account, and in accordance with articles 8 and 9of the Special Protocol to the Supplementary Boundary Treaty of 5 July1939, i.e. in order that both Governments may be able to conclude a FinalBoundary Treaty, the Paraguayan-Argentine Joint Frontier Commissionsubmits to the Governments of the Republic of Paraguay and the ArgentineRepublic, by full agreement, the following proposals, which it considersindivisible:

Second. " In order to ensure the permanence of the dividing line describedin the previous article and the proportional distribution of the volume ofwater mentioned in article 6 of the Treaty of 5 July 1939, both Govern-ments should provide for the execution and financing of the works describedin the preliminary draft submitted by the Joint Technical Commission forSurveys and Hydraulic Works on the River Pilcomayo, and contained inits Report drawn up at Asunci6n on 30 November 1943.

Third. " The hydraulic joint commission to be set up to carry out thefinal surveys and the works mentioned in the previous article acting byagreement and in accordance with the letter and the spirit of the Treatiesshould be authorized to make any changes of detail in the preliminarydraft submitted which it thinks necessary or useful, in order to facilitatethe execution and maintenance of the works.

Fourth. " The joint commission for the demarcation of the permanentfrontier line shall take into account the changes of detail mentioned in theprevious article, as well as any changes in the main watercourse betweenthe embankments described in the preliminary draft which is containedin the Report drawn up at Asunci6n on 30 November 1943.

Fifth. " An agreement shall also be reached on the system of administra-tion of the waters of the River Pilcomayo, throughout its course from Es-meralda to its mouth in the River Paraguay, on the maintenance of thecompleted works and on the proportional distribution of the waters, allof which should be supervised, in each case and as quickly as may beconsidered necessary, by a joint commission for the River Pilcomayo,composed of delegates appointed by both Governments."

The members of the Joint Argentine-Paraguayan Frontier Commissionare happy to declare that they sign the present report in full agreement,and they are most happy to note once more that, both in the completionof their work and their surveys on the ground, and in their deliberations,the greatest cordiality, harmony and mutual understanding have alwaysprevailed among them.

Since, by completing the present report, the undersigned delegates havefulfilled the task with which the Governments of the Republic of Paraguayand the Argentine Republic have honoured them, they hope that it willsoon be possible to base the determination and final demarcation of theboundaries between the two brother countries on the contents of this report.

Asunci6n del Paraguay, 16 August 1944

37. AGREEMENT' BETWEEN THE ARGENTINE REPUBLIC ANDTHE REPUBLIC OF PARAGUAY CONCERNING A STUDY OFTHE UTILIZATION OF THE WATER POWER OF THE APIPEFALLS, SIGNED AT BUENOS AIRES ON 23 JANUARY 19582

The Government of the Argentine Republic and the Government of theRepublic of Paraguay,

I Entered into force on 16 June 1958.2 Text provided by the Ministry of Foreign Affairs and Public Worship of the

Argentine Republic (Translated from Spanish by United Nations Secretariat).

Considering the possibility of obtaining hydro-electric energy fromthe rapids in the River Parand at the islands of Yacyreti and Apip6;

Convinced of the need for loyal international co-operation to make tech-nical surveys on the possible utilization of this source of energy, and

Taking into account the fact that joint action in a new field of activitywill promote closer ties and economic links and will strengthen the friendshipbetween the two nations,

Have decided to conclude this Agreement creating a Joint Argentine-Paraguayan Technical Commission for the utilization of the water-powerfrom and the improvement of the navigability of the River Parand at theislands of Yacyretd and Apip6 ...

Article I

The object of this Agreement is the making of a study by ajoint Argentine-Paraguayan Technical Commission of the utilization of the water-power ofthe river Parani at the islands of Yacyreti and Apip6 and, in addition, ofthe improvement of the navigability of the said river.

Surveys shall also cover other advantageous uses of the waters of the Paraniand possibly the improvement of communications between the two countriesthrough the works to be carried out.

Article II

This Agreement establishes a Joint Argentine-Paraguayan TechnicalCommission, composed of two representatives, one from each party, andsuch advisers as may be considered necessary for the accomplishment oftheir task.'

The surveys to be made shall consist principally of:(a) Exploration and inspection of the above-mentioned region, deter-

mining all the technical characteristics of the waters which are relevant tohydraulic utilization.

(b) A hydrographic and hydrological survey of the River ParanA in thesaid region.

(c) A geological and hydrological survey of the said region.(d) A plan of the works needed for hydraulic utilization, including

cost estimates.(e) A survey of the possibilities for financing the proposed projects.

I Following the exchange of views which took place between the Ministry ofForeign Affairs of Paraguay and the Special Mission of the Government of theArgentine Republic at Asunci6n, it was agreed on 26 September 1960, that:

" Considering that the Government of the Republic of Paraguay has appointedits representative to the Joint Paraguayan-Argentine Technical Commissionfor the study of the utilization of the water-power of the Apip6 falls, and that theArgentine delegation has likewise been appointed, it is decided that the above-mentioned Joint Technical Commission shall commence its work in the cityof Buenos Aires during the second half of the month of October of this year ".(Joint Paraguayan-Argentine Communiqui on 26 September 1960, text providedby the Ministry of Foreign Affairs and Public Worship of the ArgentineRepublic.]

(J) A survey of the possible consumption of electric power in the regionand of the possible costs.

Aiticle III

All surveys made by the Joint Argentine-Paraguayan Technical Commis-sion shall be at the disposal of both Contracting Parties.

The investigations and surveys made shall not affect or interrupt thosebeing made by the technical agencies of both countries.

Article IV

The representatives and advisers and the technical personnel employedby the Joint Argentine-Paraguayan Technical Commission who are engagedin some work or survey shall have the right to travel freely in the saidregion and enter the territory of the other Contracting Party, bringingtheir instruments and other working tools.

They shall also enjoy all facilities for the accomplishment of their task.

Article V

A period of two years is fixed for the completion of all the surveys men-tioned in this Agreement and for the submission by the Joint Argentine-Paraguayan Technical Commission to both Governments of its final report,giving a general description of the works, the advantages accruing therefrom,and the methods of carrying out any projects recommended, the executionof the work and the financing plan to be adopted.

Article VI

The Joint Commission shall draw up a work plan and request fromboth Governments equal contributions towards the funds needed for theexecution of the work plan.

Argentina-Uruguay

38. PROTOCOL' BETWEEN URUGUAY AND ARGENTINADEALING WITH THE QUESTION OF THE JURISDICTIONOF THE RIVER PLATE, SIGNED AT MONTEVIDEO, JANU-ARY 5, 19102

Dr. Gonzalo Ramirez, Envoy Extraordinary and Minister Plenipotentiaryduly authorized by the Government of the Oriental Republic of Uruguay,and Dr. Roque Sadnz Peffa, Envoy Extraordinary and Minister Plenipo-tentiary of the Republic of Argentina on special mission, duly authorizedby his Government, after a friendly exchange of views and without pre-judice to ulterior connections between the two nations, being met to-dayin the .3alon of the Ministry of Foreign Affairs, declare:

I Came into force on the date of signature.2 American Journal of International Law, vol. 4, 1910, Suppl., p. 138; British

and Foreign State Papers, vol. 103, p. 357.

1. The sentiment and aspirations of both peoples are reciprocal in thedesire to cultivate and maintain the ancient relations of friendship, fortifiedby the common origin of the two nations.

2. With the object of giving greater efficacy to the declaration whichprecedes, and eliminating any resentment which might have remained as aresult of past differences, the signatories agree that these differences, nothaving been capable of causing or inferring offence, are to be consideredas incapable of duration and in no respect as diminishing the spirit ofharmony which animates the two countries or the considerations whichmutually unite them.

3. The navigation and use of the waters of the River Plate will continuewithout alteration as up to the present, and whatever difference may arisein this connection will be removed and resolved in the same spirit of cor-diality and harmony which has always existed between the two countries.

39. AGREEMENT' CONCLUDED BY ARGENTINA AND URU-GUAY CONCERNING INCIDENTS WHICH OCCURRED ONCERTAIN ISLANDS* OF THE URUGUAY RIVER, SIGNED ATBUENOS AIRES, ON 13 JANUARY 19382

... with a view to definitively avoiding any possible repetition of similaroccurrences, and desiring to proclaim once again the friendly feelings onwhich the traditional ties between the two countries are based and tostrengthen those ties, have decided to conclude an agreement ....

Article 2. The two Governments shall jointly make a hydrographicsurvey of the Uruguay River in accordance with a plan to be drawn up bytheir competent agencies.

Article 3. Expenses arising from the work referred to in article 2 shallbe met by the respective Governments in so far as their personnel and sup-plies are concerned.

Article 5. As utilization of the water-power of the Uruguay River isconsidered to be in their common interest, the two countries agree to ar-range for the appointment of a Joint Argentine-Uruguayan TechnicalCommission which shall carry out the aforementioned survey and report assoon as possible to both Governments with a view to the implementationof the project.

1 Entered into force on 13 January 1938 by signature.2 Ministry of Foreign Affairs and Worship of the Argentine Republic, Ins-

trumentos internacionales de cdrdcter bilateral suscriptos por la Repzblica Argentina(up to 30 June 1948), 1950, vol. II, p. 1385.

40. AGREEMENT' BETWEEN ARGENTINA AND URUGUAYRELATING TO THE UTILIZATION OF THE RAPIDS OF THEURUGUAY RIVER IN THE AREA OF SALTO GRANDE,SIGNED AT MONTEVIDEO, ON 30 DECEMBER 19462

His Excellency the President of the Argentine Republic and His Ex-cellency the President of the Eastern Republic of Uruguay, desiring toobtain, for the economic, industrial and social development of the twocountries, the greatest possible benefit from the natural advantages offeredby the rapids of the Uruguay River in the area of Salto Grande, to improvethe conditions for navigation, to utilize the waters of the river for theproduction of energy, to facilitate the linking of their land communicationsand to pursue any other objectives which, without prejudice to those afore-mentioned, will benefit the two countries in the manner aforesaid, havedecided - pursuant to the provisions of article 5 of the agreement of13 January 1938- to conclude the present agreement.

Article 1

The High Contracting Parties declare, for the purposes of this agreement,that the waters of the Uruguay River shall be utilized jointly on a basis ofequality.

Article 2

The High Contracting Parties agree to appoint and maintain a Joint'Technical Commission which shall be composed of an equal number ofrepresentatives from each country and shall be responsible for dealingwith all matters connected with the utilization, damming and diversionof the waters of the Uruguay River.

The remuneration and expenses of the said representatives shall be borneby the respective Governments.

Article 3

The Joint Technical Commission shall establish its own technical andadministrative rules and draw up its plan of work, and shall, in the per-formance of its functions, conform with the following regulations and princi-ples agreed upon by the High Contracting Parties:

(a) The following water-use priorities shall apply, and no use shallbe permitted which hampers or restricts the same;

(1) Household use and sanitation;

I The exchange of the instruments of ratification took place on 27 August 1958.The entry into force of the Agreement resulted in the abrogation of the " Addi-tional Protocol " which had been in force since 28 January 1947. The object ofthe" Additional Protocol " was to keep in being theJoint Technical Commissionset up by the Agreement of 13 January 1938. This Commission was replacedby the new Joint Technical Commission established by article 2 of the Agree-ment of 30 December 1946.

2 Ministry of Foreign Affairs and Worship of the Argentine Republic, Ins-trumertos internacionales de cardcter bilateral suscriptos por la Repliblica Argentina (upto 30 June 1948), vol. II, p. 1409, Buenos Aires, 1950.

(2) Navigation;

(3) Production of energy;

(4) Irrigation.The Commission shall also request the Governments to take the necessary

measures for the conservation of fish resources.

(b) Decisions of the Joint Technical Commission shall be taken bymajority vote of the membership. If a vote is equally divided, the delega-tions shall submit separate reports to their respective Governments. TheHigh Contracting Parties shall endeavour to reach an agreement, andif an agreement is arrived at, it shall be reduced to writing and shall becommunicated to the Joint Technical Commission, which shall take thenecessary steps for giving it effect. If no agreement is reached, the HighContracting Parties agree to settle the dispute by diplomatic means, andif a solution is not arrived at by this method, the dispute shall be submittedto arbitration.

(c) The Joint Technical Commission shall address all its communicationsto the Ministries of Foreign Affairs of the two countries, to which it shallalso send a copy of all its minutes and decisions and any other informationwhich it considers appropriate.

(d) The Commission shall employ permanent or temporary technicaland administrative personnel in accordance with its needs. Except inspecial cases, it shall for this purpose use nationals of the two High Contract-ing Parties in equal numbers.

Article 4

The cost of joint works and installations, consisting mainly of a damtogether with mechanical and electrical generating equipment, and thecost of surveys and plans shall be shared equally by the two Parties.

The cost of works not constructed jointly - consisting mainly of accessfacilities, supplementary works and transmission lines - and costs in respectof compensation and expropriation to be paid in the territory of each countryshall be borne by the Governments concerned.

The cost of works and installations required for navigation upstreamof the dam shall be borne by each country in proportion to the use madeof them, taking into account their zones of influence, extent of shorelineand probable traffic.

The value to be assigned to the joint works and installations shall besuch as will permit the production of energy at a cost not exceeding thatwhich could be obtained from a thermal station of the same power establishedin the same area. If the total cost of the joint works and installationsexceeds the value thus assigned, the excess shall be added to the cost of theworks intended for navigation.

If the total installed capacity is temporarily distributed among the HighContracting Parties in a proportion other than 50 per cent each, the costof the joint works and installations shall during such period be apportionedaccordingly.

If, when the final plans are drawn up, the Eastern Republic of Uruguayreserves, for a specific period, less than half of the total installed capacity,the Argentine Republic shall take the remainder during such period andshall reimburse it to Uruguay in accordance with that country's anticipated

162

consumption requirements, four years' notice being required before suchreimbursement becomes effective.

Irrespective of the proportionate contribution of each of the High Con-tracting Parties, the joint works and installations shall be jointly owned inan equal proportion by each of the signatory States at the end of the amorti-zation period.

Article 5

The High Contracting Parties agree that the use and diversion, whethertemporary or permanent, of the waters of the Uruguay River and itstributaries upstream of the dam shall be authorized by the Governmentswithin their respective areas of jurisdiction only when a report has beenreceived from the Joint Technical Commission.

Article 6

The Joint Technical Commission shall arrange for such studies as havenot been made at the time when it commences to function and shall drawup plans for the construction of the necessary works and installations.These plans, together with the related estimates, specifications, economicand financing plans and relevant regulations governing the employment ofworkers, shall be submitted to the High Contracting Parties for considerationand approval.

When this approval has been obtained, the Commission shall be em-powered to arrange for the construction work and to take partial andfull delivery of the works and installations to be constructed.

The payments for studies and plans shall be made by the Commission,which shall also, as appropriate, issue artifications for the works and instal-lations constructed.

Technical and administrative personnel and construction workers shall,as far as possible, be recruited from among nationals of the two High Con-tracting Parties in equal numbers.

Article 7

The High Contracting Parties shall establish an inter-State agency forthe purpose of operating and administering the works and installationsconstructed in accordance with this Agreement. Pending the establishmentof this agency, the aforementioned functions shall be performed by theJoint Technical Commission.

Article 8

The High Contracting Parties shall make the necessary arrangementsin order that energy may be exchanged by the two Governments at costprice.

Article 9

Supplies and machinery intended for the works provided for in thisAgreement shall be exempt from all types of duty and supplementarycharges applicable to them in either country.

The personnel, equipment, instruments, baggage, food supplies andother articles required by the Joint Technical Commission shall be entitled

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to the same customs exemptions and facilities for their transport shall begranted by the Governments.

Article 10

The measures taken to give effect to this Agreement shall not affect anyof the rights of the High Contracting Parties relating to sovereignty andjurisdiction or to their navigation rights on the Uruguay River.

Article 11

The High Contracting Parties agree to invite the Government of theUnited States of Brazil, once this Agreement is signed, to a conferenceat which will be considered the changes which, as a result of this Agree-ment, are brought about in navigation on the Uruguay River and in theriver regulations subject to the provisions of the conventions in force.'

Article 12

The Joint Technical Commission shall have its headquarters at BuenosAires and shall be established within thirty days after the ratifications of thisAgreement have been exchanged.

I Brazil was invited to attend a tripartite conference that was convened atBuenos Aires. This Conference concluded its works by adopting, on 23 Sep-tember 1960, a Joint Declaration in which the Governments of Argentina, Braziland Uruguay have agreed upon the following: (1) The Brazilian Governmentviews favourably the joint execution by the Governments of Argentina and Uru-guay of the Salto Grande works, which will demonstrate the spirit of solidarityand co-operation existing in the region of the continent shared by the signatoryStates; and the Argentine and Uruguayan Governments take note of its attitudewith satisfaction; (2) In accordance with international doctrine and practice,the Brazilian Government reserves, and the Argentine and Uruguayan Govern-ments recognize, the right to: (a) claim and obtain, at any time, fair compensa-tion for any damages which may be caused in Brazilian territory during theconstruction or utilization of the works; (b) be consulted if, in the course of theirstudies, the participating countries wish to make any change in the plan whichwill alter the conditions at present contemplated; (3) The Governments of Ar-gentina, Brazil and Uruguay reaffirm their mutual recognition of the right offree navigation of the Uruguay River and of non-discrimination in the use oflocks by vessels flying their flags or in their service, as regards both rates andtariffs and the order in which vessels are serviced; (4) The Governments ofArgentina and Uruguay recognize the Brazilian Government's right, in accord-ance with existing international instruments and the rules of international law,freely to carry out hydraulic works of any nature on the Brazilian reaches ofthe Uruguay River and its tributaries. The Brazilian Government will, in itsturn, in accordance with international doctrine and practice, consult with theother riparian States before carrying out any hydraulic works which may alterthe present regime of the Uruguay River; (5) The Governments of Argentina,Brazil and Uruguay declare their intention to prepare a joint regional plan forthe utilization and reclamation of the entire basin of the Uruguay River and theregions adjacent thereto, in which the interests and aspirations of the frontierpopulations of the three friendly countries are increasingly becoming identified.[Argentina, Direcci6n de Defensa Nacional, Documentacidn de la Conferenciaprevista en el articulo XI del Convenio argentino-uruguayo sobre el aprovechamiento delos rdpidos del rio Uruguay en la zona del Salto Grande, in fine. (Translated from theSpanish by the Secretariat of the United Nations).]

Article 13

Upon approval of this Agreement by the High Contracting Parties, theexchange of ratifications shall take place at Montevideo.

In witness whereof the respective plenipotentiaries have signed thisAgreement in two copies, having the same effect and being equally authentic,and have thereto affixed their seals at Montevideo on 30 December 1946.

41. TREATY' BETWEEN THE ARGENTINE REPUBLIC AND THEEASTERN REPUBLIC OF URUGUAY ON THE BOUNDARYCONSTITUTED BY THE URUGUAY RIVER, SIGNED ATMONTEVIDEO ON 7 APRIL 19612

Article 7. The High Contracting Parties shall agree on a statute governingthe utilization of the river, which shall cover, inter alia, the following matters:

(a) Joint and uniform regulations to ensure safe navigation;(b) A system of pilotage taking into account present practices;(c) Regulations for the purpose of maintaining dredging and marking

with buoys in accordance with the provisions of article 6;(d) Reciprocal facilities for hydrological and other surveys relating to

the river;(e) Provisions for the conservation of living resources;(f) Provisions designed to avoid pollution of the waters.

Article 8. In the islands remaining under Uruguayan jurisdiction in-cluded in the zone specified in article 1, paragraph B II, the High Con-tracting Parties, shall, by mutual agreement, determine the utilization ofthe waters for domestic, industrial and irrigation purposes and shall establisha system of policing which shall ensure, through joint Argentine-Uruguayanco-operation, that the relevant regulations are enforced.

Bolivia-Peru

42. PRELIMINARY CONVENTION' BETWEEN BOLIVIA ANDPERU FOR THE EXPLOITATION OF FISHERIES IN LAKETITICACA. SIGNED AT LIMA, ON 17 JULY 19354

The Governments of Bolivia and Peru, considering the importance which

Ratified by Argentine Republic, on 2 October 1961. It has not yet beenratified by Eastern Republic of Uruguay.

2 Text provided by the Ministry of Foreign Affairs and Public Worship ofthe Argentine Republic. [Translated by the Secretariat of the United Nations.]

3 Approved by Peru by Resolucidn Suprema No. 429 of 21 August 1935, andby Bolivia by an Act of 20 September 1938.

4 Bolivian Ministry of Foreign Affairs, Coleccidn de tratados vigentes de la Repliblicade Bolivia, vol. V, Convenciones bilaterales, p. 486; Peruvian Ministry of ForeignAffairs, Tratados y acuerdos vigentes entre el Perd y otros Estados, I, Instrunentosbilateral Cs, p. 127.

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the study and development of the fishery possibilities of Lake Titicaca mayhave for the economic life of their frontier regions, have agreed to concerttheir efforts to those ends ...

Article 1. The Governments of Bolivia and Peru shall, by agreementand simultaneously, provide for the dispatch of a Scientific Commissionto study the varieties of fish in Lake Titicaca and the possibility of establishingand developing there other species suited to industrial exploitation.

Article 2. If it appears from the conclusions of the Commission referredto in the foregoing article that the establishment of fish hatcheries anddistribution stations is desirable, the two Governments shall agree on thesteps to be taken and the apportionment of the necessary expenditures.

Article 3. After the conclusions of the Commission have been adoptedby the two Governments or modified by agreement between them, thetwo Governments shall conclude a Convention on Fishing in Lake Titicacawhich shall provide for equality of rights and economic opportunities forBolivian and Peruvian fishermen, and for a permanent rtgime governingthe participation of the two Governments in the establishments referredto in the foregoing article and the reimbursement of whatever expendituresare incurred.

43. EXCHANGE OF NOTES' BETWEEN PERU AND BOLIVIAESTABLISHING A JOINT COMMISSION FOR STUDY OFTHE PUNO-GUAQUI RAILWAY LINE AND JOINT USE OFTHE WATERS OF LAKE TITICACA. LA PAZ, 20 APRIL 19552

REPUBLIC OF BOLIVIAMINISTRY OF FOREIGN AFFAIRS AND WORSHIP

La Paz, 20 April 1955

Your Excellency,

I have the honour to inform you that the Government of Bolivia is inagreement with the Government of Peru concerning the usefulness ofstudying important questions of common interest the solution of whichshould effectively strengthen the economic ties between the two countriesand further improve the friendly relations they now maintain.

For that purpose and in view of the need to organize and develop aco-ordinated technical plan for linking the Bolivian La Paz-Guaqui rail-way with the Peruvian Mollendo (Matarani)-Puno railway and utilizingthe waters of Lake Titicaca, my Government has agreed with your Govern-ment as follows:

1. A Joint Bolivian-Peruvian Commission shall be established for thepurpose of preparing studies concerning the Puno-Guaqui railway lineand the use of the waters of Lake Titicaca for hydroelectric and othermutually beneficial purposes.

I Came into force on 20 April 1955 by exchange of the said Notes.2 Revista Peruana de Derecho Internacional, vol. XV, January/December 1955,

Nos. 47-48, p. 76.

166

2. The Joint Commission shall be composed of twelve members, sixfrom each country, who shall be chosen as follows: two officials appointedby the Ministry of Foreign Affairs of each country, two railway expertsand two bydroelectricity experts.

3. In order to carry out the functions assigned to it, the Joint Commis-sion shall be divided into two sub-commissions, one for preparing the studiesconcerning the Puno-Guaqui railway line, and the other the studies concer-ning the use of the waters of Lake Titicaca.

4. The Commission shall meet at La Paz on a date agreed on by thetwo Governments in order to establish the rules under which it will functionand to make whatever arrangements it considers desirable.

5. 'The sessions of the Joint Commission shall be held alternately atLima and La Paz, and shall be presided over by the Minister of ForeignAffairs of the country concerned or a person appointed by him.

6. The appointment of the members of the Joint Bolivian-PeruvianCommission shall be made simultaneously by the two Governments twentydays after the date of signature of this note.

This note and your reply shall constitute evidence of the agreementreached by the two Governments....

EMBASSY OF PERU

Your 'Excellency,

I have the honour to inform you that the Government of Peru is inagreement with the Government of Bolivia concerning the usefulnessof studying important questions of common interest the solution of whichshould. effectively strengthen the economic ties between the two countriesand ftrther improve the friendly relations they now maintain.

For that purpose and in view of the need to organize and develop a co-ordinated technical plan for linking the Peruvian Mollendo (Matarani)-Puno railway with the Bolivian La Paz-Guaqui railway and utilizing thewaters, of Lake Titicaca, my Government has agreed with your Govern-ment as follows:

[See first note]

44. PRELIMINARY CONVENTION' BETWEEN PERU AND BOLI-VIA CONCERNING A STUDY OF THE JOINT UTILIZATIONOF THE WATERS OF LAKE TITICACA. SIGNED AT LIMA,ON 30 JULY 19552

The Governments of the Republic of Peru and the Republic of Bolivia,

This Agreement has not yet entered into force.A Declaration made by the Presidents of Peru and Bolivia at Lima on 30 July

1955 on the date of signature of the Preliminary Convention states: " As re-gards the utilization of the waters of Lake Titicaca for industrial or other pur-poses, the two Governments declare that the said waters, being the joint andindivisible property of both may be used only with the express agreement of thetwo parties " [Revista Peruana de Derecho Internacional, vol. XV, January/Decem-ber 1955, nos. 47-48, p. 87].

2 Ibid., p. 90.

167

moved by a desire to strengthen the cordial relations which happily existbetween them, have decided to conclude a Preliminary Convention con-cerning a study of the utilization of the waters of Lake Titicaca - suchstudy having been entrusted, by virtue of an exchange of notes signed byboth Governments on 20 April 1955, to a joint Peruvian-Bolivian Commis-sion - and have for this purpose appointed as their respective plenipoten-tiaries,...

Who, having exchanged their full powers, found in good and due form,have agreed as follows:

Article L The Governments of Peru and Bolivia hereby approve therecommendations which the Joint Peruvian-Bolivian Commission to studythe utilization of the waters of Lake Titicaca made at its first session, whichwas inaugurated at La Paz on 28 June 1955, their intention being to putinto practice the decisions reached at the said session, namely:

1. To give careful attention to the question of finance for the imme-diate execution of the programme of preliminary study and observation re-lating to joint utilization of the waters of Lake Titicaca; and, if necessary,to seek economic assistance from appropriate national or internationalbodies;

2. To furnish their respective commissions with all the technical andeconomic facilities which they may require in order to discharge their dutiespromptly and effectively, providing them with transport, equipment andtools and with the necessary funds;

3. To grant extensive customs and transit facilities so that personnel,equipment, tools and other things needed for the work may move freelyfrom one territory to the other for the purposes of their specific tasks;and

4. To hold the second session of the Joint Commission at Lima, inOctober of the present year.

Article 11. With reference to the first recommendation mentioned inthe preceding article, the Governments of Peru and Bolivia undertake totake the necessary steps to provide or obtain, as the case may be, financefor the preliminary surveys which will be used as a basis for the study con-cerning the utilization of the waters of Lake Titicaca.

Article III. The social and economic studies of the zones of influenceadjacent to Lake Titicaca shall be carried out jointly by the Joint Commis-sion on the territory of both Peru and Bolivia. The said zones shall bedetermined by the Joint Commission, and its conclusions shall be submittedto both Governments for approval.

Article IV. The present Agreement shall enter into force upon theexchange of the instruments of ratification, which shall take place as soon aspossible at La Paz.

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45. AGREEMENT' BETWEEN BOLIVIA AND PERU CON-CERNING A PRELIMINARY ECONOMIC STUDY OF THEJOINT UTILIZATION OF THE WATERS OF LAKE TITICACA.SIGNED AT LA PAZ, ON 19 FEBRUARY 19572

Article 1

The Governments of Peru and Bolivia, in view of the recommendationsmade by the Joint Peruvian-Bolivian Commission and by virtue of thefact that the two countries have joint, indivisible and exclusive ownershipover the waters of Lake Titicaca, resolve to adopt a definite plan for a pre-liminary economic study concerning the joint utilization of the said watersin such manner as not to fundamentally alter the navigability orfishing facilities thereof or substantially affect the volume of water divertedfrom the Lake for industrial, irrigation or other purposes.

Article 2

The preliminary basic values of water drawn from the Lake in accordancewith article 1 shall be as follows:

1. Kinetic energy of the water - $US 0.001 per kwh consumed;2. Water used for irrigation purposes - $US 0.001 per cubic metre

consumed.These basic values, which are fixed on a preliminary basis and shall be

divided equally between the two countries, shall be taken into considerationin carrying out the economic studies for the project to which this Agreementrefers.

Article 3

The payments or other compensation to be made for the losses or thereduction in economic benefits sustained by either of the two countries asa result of hydroelectric development or use of the waters for irrigation andother purposes shall be the subject of an agreement to be concluded afterthe above-mentioned economic studies are completed.

Article 4

The preliminary economic study on the utilization by Peru and Boliviaof the waters of the Lake Titicaca shall contain, in a special introductorychapter, an estimate of the electricity consumption in both countries sothat the construction of one or more hydroelectric stations capable ofmeeting the demand efficiently and equitably can be considered in theinitial stage of development. It shall also include an agricultural and eco-nomic( study of the areas where there is likely to be a market for the waterfor irrigation purposes after it has yielded its kinetic energy.

I Ratified by Peru on 21 November 1957 [Resolucidn legislativa, No. 12857].This Agreement has not yet been ratified by Bolivia, therefore it has not yetentered into force. This Agreement was recommended by the Joint Peruvian-Bolivian Commission at its third session, which was held at La Paz from 7 to19 February 1957.

2 Revista Peruana de Derecho Internacional, vol. XVII, No. 52, July-December1957, p. 210.

Article 5

The two Governments agree that they may jointly or separately initiatenegotiations with responsible bodies or firms of world-wide reputationregarding the contract for the preliminary economic studies mentioned inthis Agreement. Each country shall promptly give notice of such negotia-tions to the other through their Ministries of Foreign Affairs so that ameeting of the Joint Sub-Commission for the utilization of the Waters ofLake Titicaca may be called, the said Sub-Commission being authorizedto study and recommend acceptance and signature of the contract by thetwo Governments.

When the preliminary economic studies provided for in the said contracthave been completed, the Joint Sub-Commission shall submit them to theJoint Peruvian-Bolivian Commission for consideration and approval.

Article 6When the studies referred to in article 5 have been approved by the

Joint Peruvian-Bolivian Commission, both Governments shall invite tendersin the world market for the final studies and for the financing, in whole orin part, of the project.

Article 7

This Agreement shall come into force upon the exchange of the instru-ments of ratification, which shall take place as soon as possible at Lima.

Brazil-Paraguay

46. AGREEMENT 1 CONCERNING CO-OPERATION BETWEENTHE UNITED STATES OF BRAZIL AND THE REPUBLICOF PARAGUAY IN A STUDY ON THE UTILIZATION OFTHE WATER-POWER OF THE ACARAY AND MONDAYRIVERS. SIGNED AT RIO DEJANEIRO, ON 20JANUARY 19562

... being convinced that the policy of closer co-operation betweenthe two countries would be effectively promoted by the adoption of measuresconducive to their economic development, and bearing in mind the spiritof loyal friendship which governs relations between Paraguay and Brazil,have decided to conclude an agreement for a study concerning the utiliza-tion of the water-power of the Acaray and Monday Rivers in Paraguayanterritory ...

Article L The subject of this Agreement is a study concerning theutilization in Paraguayan territory- in the vicinity of the Braziliantown of Foz de Iguazfs and the Paraguayan port of Presidente Franco -of the water-power of the Acaray and Monday rivers, which are tributariesof the Parand River.

I The exchange of the instruments of ratification took place at Rio de Ja-neiro on 6 September 1957.

2 Ministry of Foreign Affairs, Colefio de Atos Internacionais do Brasil, No. 393,p. 4 .

Article II. The studies to be carried out by the Government of the UnitedStates of Brazil, through the National Department of Land Improvementof the Ministry of Roads and Public Works, shall consist of:(a) A reconnaissance and site inspection of the region in which the water-

falls of the aforementioned rivers are situated in order to determinethe ways in which their power could be utilized in either one or twohydroelectric stations;

(b) A hydrological study of the rdgime of the two rivers in the vicinityof the waterfalls;

(c) A general topographical survey of the areas in which the plans forutilizing the aforementioned power would be carried out;

(d) A geological survey of the sites chosen for the works;(e) Detailed topographical surveys;(f) A description of the hydroelectric project setting out the general

specifications necessary for preparing estimates, tenders for machineryand other equipment, and the project programme;

(g) A preliminary plan and specifications for transmission lines betweenthe site of the power-stations and:1. Asunci6n, including the possibility of intermediate transformer sub-

stations;

2. Foz de Iguaz6 and vicinity;(h) An economic study of the works and their repercussions on the develop-

ment of the neighbouring regions, including suggestions for electricitytariffs.

Article III. All the studies, surveys and the like mentioned in article II,together with the documents on which they are based, shall be transmittedby the Government of the United States of Brazil to the Government ofthe Republic of Paraguay as they are completed.

Article IV. The Government of the Republic of Paraguay, at its ownexpense, shall assign permanent representatives to the National Departmentof Land Improvement of Brazil for the purpose of following the progressof the studies and programmes referred to in this Agreement.

Article V. For a period of twenty years from the date on which thefirst electric generator is put into service, Brazil shall have the right toconsume up to 20 per cent of the electric power which the generators inservice can produce, paying the rates to be established in the correspondingtariffs.

Sole paagraph. The right referred to in this article may be renewedfor the- same number of years by agreement between the Contracting Parties.

Article VL The Government of the United States of Brazil undertakesto inform the Government of the Republic of Paraguay, with at least threeyears' notice, of the date on which it will begin to make use of the rightgranted to it under article V and of the quantity of electricity that it wishesto consume.

Artile VIL The terms of payment for the power requested or consumedby Brazil in accordance with articles V and VI shall be subject to adjust-

171

ment in a manner to be agreed upon at the appropriate time by the adminis-trative authorities of both countries.

Article VIII. Personnel of either country whose task it is to carry outthe studies, surveys and the like referred to in this Agreement may freelyenter, travel in and leave the territory of the two States with the equip-ment, personal articles and service vehicles necessary for the discharge oftheir duties. This right shall also extend to the use of aircraft for aerialphotographic reconnaissance and surveys.

Article IX. The time limit for transmittal of the studies, surveys and thelike mentioned in article II shall be four years, reckoned from the date ofsignature of this Agreement.

Article X. The Government of the United States of Brazil, as an in-terested party, shall collaborate with the Government of the Republicof Paraguay in obtaining finance for the works to be undertaken in pursuanceof this Agreement.

Brazil-United Kingdom

47. EXCHANGE OF NOTES' BETWEEN THE BRAZILIAN GOV-ERNMENT AND HIS MAJESTY'S GOVERNMENT IN THEUNITED KINGDOM CONSTITUTING AN AGREEMENT FORTHE DELIMITATION OF THE RIVERAIN AREAS OF THEBOUNDARY BETWEEN BRAZIL AND BRITISH GUIANA.LONDON, OCTOBER 27TH AND NOVEMBER 1ST, 19322

FOREIGN OFFICE, S.W. I

No. A 7079/27/6October 27th, 1932

Your Excellency,In order to give effect to the desire expressed by the Brazilian Govern-

ment that His Majesty's Government in the United Kingdom and theBrazilian Government should reach an agreement as to the principles tobe adopted by the Mixed Commission in the delimitation of the riverainareas of the boundary between British Guiana and Brazil, I have the honourto make the following detailed proposals on the basis of the proposalsalready put forward by the Brazilian Government:

1 Came into force November 1st, 1932.2 League of Nations, Treaty Series, vol. 177, p. 128. The text of this Exchange

of Notes is also reproduced as Annex 3 of the Exchange of Notes between Braziland the United Kingdom of 15 March 1940 [United Nations, Treaty Series,vol. 5, p. 72].

172

(vi) The river shall be open to free navigation and fishing to bothStates throughout that portion of its length which constitutes the boundarybut no works shall be permitted other than those intended solely to retainthe river in its present course and not involving any risk of altering thatcourse except with the mutual consent of the Governments of both Statesand any work such as canalisation, irrigation, or the development of elec-trical power shall only be undertaken subject to the mutual consent of bothriparian States.

2. If the Brazilian Government agree to the adoption of these principlesby the Mixed Commission, I have the honour to suggest that the presentnote and Your Excellency's note in reply accepting the proposals beregarded as constituting an Agreement between the two Governments tothis effect.

I have the honour to be, with the highest consideration, Your Excellency'sobedient Servant.

(For the Secretary of State)(Signed) R. L. GRAIGIE

His Excellency

Monsieur Raul Rgis de Oliveira, G.B.E., etc.

II

No. 59London, November 1st, 1932

Monsieur le Secrftaire d'Etat,

I have the honour to acknowledge receipt of note No. A.7079/27/6,dated October 27th last, in which Your Excellency, for the purpose ofgiving effect to the desire expressed by the Brazilian Government thatHis Majesty's Government in the United Kingdom and the BrazilianGovernment should reach an agreement as to the principles to be adoptedby the Mixed Commission in the delimitation of the riverain areas of theboundary between Brazil and British Guiana, made the following detailedproposals, which are based on the proposals already put forward by theBrazilian Government, and which I have the honour to accept:

[See paragraph (vi) of the Note above]

2. It is understood that the present Note and Your Excellency's Note,dated October 27th last, constitute an agreement between the BrazilianGovernment and His Britannic Majesty's Government in the United King-dom to this effect.

I have the honour to be, etc.

(Signed) Raul Regis DE OLIVEIRA

The Right Honourable Sir John Simon,G.C.S.I., K.C.V.O., K.C., M.P.,His Britannic Majesty'sPrincipal Secretary of Statefor Foreign Affairs.

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48. EXCHANGE OF NOTES' BETWEEN HIS MAJESTY'S GOV-ERNMENT IN THE UNITED KINGDOM AND THE GOVERN-MENT OF BRAZIL APPROVING THE GENERAL REPORTOF THE SPECIAL COMMISSIONERS APPOINTED TODEMARCATE THE BOUNDARY-LINE BETWEEN BRITISHGUIANA AND BRAZIL (WITH GENERAL REPORT). RIO DEJANEIRO, 15 MARCH 19402

No. 1

Sir Geoffley Knox to Dy. Oswaldo Aranha

BRITISH EMBASSY

Rio de Janeiro, 15 March, 1940

Your Excellency,

In accordance with instructions from His Majesty's Principal Secretaryof State for Foreign Affairs, I have the honour to inform Your Excellencythat the Government of the United Kingdom of Great Britain and NorthernIreland have examined the General Report of the Special Commissionersappointed to demarcate the boundary-line between Brazil and BritishGuiana in accordance with the Treaty signed in London on 22nd April,1926, and the Protocol signed in London on 18th March, 1930.

2. The Government of the United Kingdom approve the work of theCommissioners as set forth in their General Report, the original of which,with its appendices numbered 1 to 11 and the General Map referred to inAppendix No. 8, is annexed hereto, and they declare:

(1) That they accept the line laid down by the said Commissioners,in the manner shown in Appendices Nos 5 to 9 and the annexed GeneralMap, as constituting the boundary-line between British Guiana" andBrazil in accordance with the above-mentioned Treaty of 22nd April,1926, the Protocol of 18th March, 1930, and the notes exchanged inLondon on 27th October/lst November, 1932;

3. If the Brazilian Government are prepared to make a correspondingdeclaration, I have the honour to propose that the present note and YourExcellency's reply in similar terms be regarded as constituting a formalagreement between the two Governments for the establishment of theboundary between British Guiana and Brazil.

I avail, .

(Signed) G. G. KNOX

Came into force on 15 March 1940 by signature.2 United Nations, Treaty Series, vol. 5, p. 72.

No. 2

MINISTRY FOR FOREIGN AFFAIRS

Rio de Janeiro, 15th March, 1940Monsieur 'Ambassadeur,

I have the honour to acknowledge the receipt of the note of to-day'sdate, in which Your Excellency informs me that, according to instructionsreceived from His Majesty's Principal Secretary of State for Foreign Affairs,the Government of the United Kingdom of Great Britain and NorthernIreland examined and approved the General Report of the Special Com-missioners appointed to demarcate the boundary-line between Brazil andBritish Guiana in accordance with the Treaty signed in London on 22ndApril, 1926, and the Protocol signed in London on 18th March, 1930.

2. In reply, I have to inform Your Excellency that the BrazilianGovernment have also given their approval to the work of the Commissionersreferred to above, as set forth in the General Report, the original of which,accompanied by Appendices number 1 to 11 and the General Map referredto in Appendix 8, is annexed hereto, and they declare:

[See paragraph 1 (1) of Note No. 1 above]

3. Accordingly it is understood that the present note and that of YourExcellency, to which I have the honour to reply, shall be considered as aformal agreement between the two Governments for the establishment ofthe boundaries between Brazil and British Guiana.

I avail,...(Signed) Oswaldo ARANHA

General ?eport of the Commissioners appointedto demarcate the boundary

18. The question of the free navigation and fishing rights in thoseportions of the Rivers Mahfi and Tacut6i which constitute the boundary iscovered in the Agreement reached between the two Governments, a copy ofwhich is contained in (the Exchange of Note of 27th October, on 2ndNovember, 1932, concerning the Delimitation of the Riverain Areas.

Brazil-Uruguay

49. CONVENTION' REGARDING THE DETERMINATION OFTHE LEGAL STATUS OF THE FRONTIER BETWEEN BRAZILAND URUGUAY, SIGNED AT MONTEVIDEO, DECEMBER

20TH, 19332

1 The exchange of ratifications took place at Rio de Janeiro, July 21st, 1937.2 League of Nations, Treaty Series, vol. 181, p. 70.

175

Article XIX. Each of the two States shall be entitled to dispose of halfthe water flowing in the frontier watercourses.

Article XX. When there is a possibility that the installation of plantfor the utilisation of the water may cause an appreciable and permanentalteration in the rate of flow of a watercourse running along or inter-secting the frontier, the contracting State desirous of such utilisation shallnot carry out the work necessary therefor until it has come to an agree-ment with the other State.

Article XXI. Each of the contracting States shall be responsible forthe water police service in its own territory, subject to the limitationsspecified in the various frontier regimes in force, in accordance with theinternational instruments applicable thereto. Should the regime adoptedbe that of the bed or of the joint ownership of the water, the jurisdictionof each riparian State shall extend as far as the opposite bank, but shallnot include the land skirting the watercourse.

Article XXII. Fishing rights shall be exercised by the nationals of eachState in the waters within their respective jurisdictions.

Canada-United States

50. AGREEMENT' BETWEEN THE UNITED STATES OFAMERICA AND CANADA TO REGULATE THE LEVEL OFLAKE OF THE WOODS, SIGNED AT WASHINGTON,FEBRUARY 24, 19252

Desiring to regulate the level of Lake of the Woods in order to secureto the inhabitants of Canada and the United States the most advantageoususe of the waters thereof and of the waters flowing into and from the Lakeon each side of the boundary between the two countries, and

Accepting as a basis of agreement the recommendations made by theInternational Joint Commission in its final report of May 18th, 19171 onthe reference concerning Lake of the Woods submitted to it by the Govern-ments of Canada and the United States of America,

Article I

In the present Convention, the term " level of Lake of the Woods"or " level of the lake " means the level of the open lake unaffected by windor currents.

The term " Lake of the Woods watershed " means the entire region in

1 Came into force 17 July 1925, by the exchange of ratifications.2 League of Nations, Treaty Series, vol. 43, p. 252.1 Final Report of the International Joint Commission on the Lake of the Woods Reference,

Washington, 1917.

176

which the waters discharged at the outlets of Lake of the Woods have theirnatural source.

The term " sea level datum " means the datum permanently establishedby the International Joint Commission at the town of Warroad, Minnesota,of which the description is as follows:

" Top of copper plug in concrete block carried below frost line, andlocated near fence in front of and to the west of new schoolhouse. Estab-lished October 3, 1912. Elevation, sea level datum, 1068.797."

" The International joint Commission " means the Commission establish-ed under the Treaty signed at Washington on the 1 th day ofJanuary, 1909,between His Britannic Majesty and the United States of America, relatingto boundary waters and questions arising between the United States andCanada.

Article 2

The level of Lake of the Woods shall be regulated to the extent and in themanner provided for in the present Convention, with the object of securingto the inhabitants of Canada and the United States the most advantageoususe of the waters thereof and of the waters flowing into and from the Lakeon each side of the boundary between the two countries for domestic andsanitary purposes, for navigation purposes, for fishing purposes, and forpower, irrigation and reclamation purposes.

Article 3

The Government of Canada shall establish and maintain a CanadianLake of the Woods Control Board, composed of engineers, which shallregulate and control the outflow of the waters of Lake of the Woods.

There shall be established and maintained an International Lake of theWoods Control Board composed of two engineers, one appointed by theGovernment of Canada and one by the Government of the United Statesfrom their respective public services, and whenever the level of the lakerises above elevation 1061 sea level datum or falls below elevation 1056sea level datum the rate of total discharge of water from the lake shallbe sulbject to the approval of this Board.

Article 4

The level of Lake of the Woods shall ordinarily be maintained betweenelevations 1056 and 1061.25 sea level datum, and between these two eleva-tions the regulation shall be such as to ensure the highest continuous uni-form discharge of water from the lake.

During periods of excessive precipitation the total discharge of waterfrom the lake shall, upon the level reaching elevation 1061 sea level datum,be so regulated as to ensure that the extreme high level of the lake shallat no time exceed elevation 1062.5 sea level datum.

The level of the lake shall at no time be reduced below elevation 1056sea level datum except during periods of low precipitation and then onlyupon the approval of the International Lake of the Woods Control Boardand subject to such conditions and limitations as may be necessary to protectthe use of the waters of the lake for domestic, sanitary, navigation andfishing purposes.

Article 5

If in the opinion of the International Lake of the Woods Control Boardthe experience gained in the regulation of the lake under Articles 3 and 4,or the provision of additional facilities for the storage of waters tributaryto the lake, demonstrates that it is practicable to permit the upper limitof the ordinary range in the levels of the lake to be raised from elevation1061.25 sea level datum to a higher level and at the same time to preventduring periods of excessive precipitation the extreme high level of the lakefrom exceeding elevation 1062.5 sea level datum, this shall be permittedunder such conditions as the International Lake of the Woods ControlBoard may prescribe. Should such permission be granted, the level atwhich under Article 3 the rate of total discharge of water from the lakebecomes subject to the approval of the International Lake of the WoodsControl Board may, upon the recommendation of that Board and withthe approval of the International Joint Commission, be raised from elevation1061 sea level datum to a correspondingly higher level.

Article 6

Any disagreement between the members of the International Lake of thethe Woods Control Board as to the exercise of the functions of the Boardunder Articles 3, 4 and 5 shall be immediately referred by the Board to theInternational Joint Commission whose decision shall be final.

Article 7

.The outflow capacity of the outlets of Lake of the Woods shall be soenlarged as to permit the discharge of not less than forty-seven thousandcubic feet of water per second (47,000 c.f.s.) when the level of the lake is atelevation 1061 sea level datum.

The necessary works for this purpose, as well as the necessary works anddams for controlling and regulating the outflow of the water, shall be pro-vided for at the instance of the Government of Canada, either by theimprovement of existing works and dams or by the construction of additionalworks.

Article 8

A flowage easement shall be permitted up to elevation 1064 sea leveldatum upon all lands bordering on Lake of the Woods in the UnitedStates, and the United States assumes all liability to the owners of such landsfor the costs of such easement.

The Government of the United States shall provide for the followingprotective works and measures in the United States along the shores ofLake of the Woods and the banks of Rainy River, in so far as such protectiveworks and measures may be necessary for the purposes of the regulationof the level of the lake under the present Convention: namely, the removalor protection of buildings injuriously affected by erosion, and the protectionof the banks at the mouth of Warroad River where subject to erosion, in sofar in both cases as the erosion results from fluctuations in the level of thelake; the alteration of the railway embankment east of the town of Warroad,Minnesota, in so far as it may be necessary to prevent surface flooding ofthe higher lands in and around the town of Warroad; the making of provi-

178

sion for the increased cost, if any, of operating the existing sewage systemof the town of Warroad, and the protection of the waterfront at the townof Beaudette, Minnesota.

Article 9

The Dominion of Canada and the United States shall each on its ownside of the boundary assume responsibility for any damage or injury whichmay have heretofore resulted to it or to its inhabitants from the fluctuationsof the level of Lake of the Woods or of the outflow therefrom.

Each shall likewise assume responsibility for any damage or injury whichmay hereafter result to it or to its inhabitants from the regulation of thelevel of Lake of the Woods in the manner provided for in the present Con-vention.

Article 10

The Governments of Canada and the United States shall each be releasedfrom responsibility for any claims or expenses arising in the territory of theother in connection with the matters provided for in Articles 7, 8 and 9.

In consideration, however, of the undertakings of the United States asset forth in Article 8, the Government of Canada shall pay to the Govern-ment of the United States the sum of two hundred and seventy-five thousanddollars ($275,000) in currency of the United States. Should this sum proveinsufficient to cover the cost of such undertakings one-half of the excess ofsuch cost over the said sum shall, if the expenditure be incurred withinfive years of the coming into force of the present Convention, be paid bythe Government of Canada.

Article 11

No diversion shall henceforth be made of any waters from the Lake ofthe Woods watershed to any other watershed except by authority of theUnited States or the Dominion of Canada within their respective territoriesand with the approval of the International Joint Commission.'

This article rose from the following recommendations of the " InternationalJoint Commission:

" that, as a matter of sound international policy, neither Government shouldpermit the permanent or temporary diversion out of the watershed of any waterswithin its jurisdiction which are tributary to the boundary waters under con-sideration, without first referring the matter to the Commission for suchrecommendation as it may deem appropriate. " (Final Report, cit., p. 38.)

" The Commission appreciates the fact that, in the case of drainage basinsthat lie wholly within one country or the other, it may be desirable to artifi-cially divert waters out of and from their own local watershed for use in another.On the other hand, diversions from an international watershed, such as thatof the Lake of the Woods, whereby the international channel in that watershedwould be deprived by such diversion of waters which naturally belong to theLake of the Woods drainage system, would very probably lead to irritatingdisputes between the people of two neighboring countries. Further, the existingand future developments of the entire waters of the Lake of the Woods water-shed will involve very large expenditures, and an investment of such magnitude

179

PROTOCOL ACCOMPANYING CONVENTION TO REGULATETHE LEVEL OF LAKE OF THE WOODS

1. The plans of the necessary works for the enlargement of the outflowcapacity of the outlets of Lake of the Woods provided for in Article 7 ofthe Convention, as well as of the necessary works and dams for controllingand regulating the outflow of the water, shall be referred to the Inter-national Lake of the Woods Control Board for an engineering report upontheir suitability and sufficiency for the purpose of permitting the dischargeof not less than forty-seven thousand cubic feet of water per second (47,000c.f.s.) when the level of the lake is at elevation 1061 sea level datum. Anydisagreement between the members of the International Lake of the WoodsControl Board in regard to the matters so referred shall be immediatelysubmitted by the Board to the International Joint Commission whosedecision shall be final.

2. Should it become necessary to set up a special tribunal to determinethe cost of the acquisition of the flowage easement in the United Statesprovided for in Article 8 of the Convention, the Government of Canadashall be afforded an opportunity to be represented thereon. Should thecost be determined by means of the usual judicial procedure in the UnitedStates, the Government of Canada shall be given the privilege of representa-tion by counsel in connection therewith.

3. Since Canada is incurring extensive financial obligations in connec-tion with the protective works and measures provided for in the UnitedStates along the shores of Lake of the Woods and the banks of Rainy River,under Article 8 of the Convention, the plans, together with the estimatesof cost, of all such protective works and measures as the Government of theUnited States may propose to construct or provide for within five yearsof the coming into force of the Convention shall be referred to the Interna-tional Lake of the Woods Control Board for an engineering report upontheir suitability and sufficiency for the purpose of the regulation of thelevel of the lake under the Convention. Any disagreement between themembers of the International Lake of the Woods Control Board in regardto the matters so referred shall be immediately submitted by the Board tothe International Joint Commission whose decision shall be final.

4. In order to ensure the fullest measure of co-operation between theInternational Lake of the Woods Control Board and the Canadian Lakeof the Woods Control Board provided for in Article 3 of the Convention,the Government of Canada will appoint one member of the CanadianBoard as its representative on the International Board.

5. Until the outlets of Lake of the Woods have been enlarged in accor-dance with Article 7 of the Convention, the upper limit of the ordinaryrange in the levels of the lake provided for in Article 4 of the Conventionshall be elevation 1060.5 sea level datum, and the International Lake of

must naturally depend upon some definite understanding that the flow of wateron which it is based will not be diminished by a diversion of any portion thereoffrom the watershed. For these reasons, the Commission has suggested that nodiversions, temporary or permanent, out of the Lake of the Woods watershed,of any waters which in their natural course flow into these boundary waters,should be permitted without first referring the matter to the Commission forsuch recommendation as it may deem appropriate." (Ibid., p. 70, 71.)

180

the Woods Control Board may advise the Canadian Lake of the WoodsControl Board in respect of the rate of total discharge of water from thelake which may be permitted.

At the moment of signing the Convention and Protocol between HisMajesty the King of the United Kingdom of Great Britain and Ireland andof the British Dominions beyond the Seas, Emperor of India, in respect ofthe Dominion of Canada, and the United States of America, regardingthe regulation of the level of Lake of the Woods, the undersigned Plenipoten-tiaries have agreed that the Government of the Dominion of Canada andthe Government of the United States shall, without delay, address to theInternational Joint Commission identic letters of reference relating toRainy Lake and other upper waters of the Lake of the Woods watershedas follows:

" I have. the honour to inform you that, in pursuance of Article 9 ofthe Treaty of the 1 1th January 1909, between Great Britain and theUnited States, the Governments of Canada and the United States haveagreed to refer to the International Joint Commission the followingquestions for examination and report, together with such conclusionsand recommendations as may be deemed appropriate:" Question 1. In order to secure the most advantageous use of the

waters of Rainy Lake and of the boundary waters flowing into and fromRainy Lake, for domestic and sanitary purposes, for navigation purposes,for fishing purposes, and for power, irrigation and reclamation purposes;and in order to secure the most advantageous use of the shores and har-bours of both Rainy Lake and the boundary waters flowing into andfrom the lake, is it, from an economic standpoint, now practicable anddesirable, having regard for all or any of the interests affected thereby,or under what conditions will it become thus practicable and desirable:"(a) To regulate the level of Rainy Lake in such a manner as to permit

the upper limit of the ordinary range of the levels to exceed ele-vation 1108.61 sea level datum?

"(b) To regulate the level of Namakan Lake and the waters controlledby the dams at Kettle falls in such a manner as to permit the upperlimit of the ordinary range of the levels to exceed elevation 1120.11sea level datum?

(c) To provide storage facilities upon all or any of the boundary watersabove Namakan Lake?

Question 2. If it be found practicable and desirable thus (1) to regulatethe level of Rainy Lake, and/or (2) to regulate the level of Namakan Lakeand the waters controlled by the dams at Kettle falls, and/or (3) to providestorage facilities upon all or any of the boundary waters above NamakanLake:

(a) What elevations are recommended?(b) To what extent will it be necessary to acquire lands and to construct

works in order to provide for such elevations and/or storage, andwhat will be their respective costs?

"(c) What interests on each side of the boundary would be benefited?What would be the nature and extent of such benefit in each

181

case? How should the cost be apportioned among the variousinterests so benefited?

"Question 3. What methods of control and operation would be feasibleand advisable in order to regulate the volume, use and outflow of the watersin each case in accordance with such recommendations as may be madein answer to questions one and two?

" Question 4. What interests on each side of the boundary are bene-fited by the present storage on Rainy Lake and on the waters controlledby the dams at Kettle falls? What are the nature and extent of such benefitsin each case? What is the cost of such storage and how should such costbe apportioned among the various interests so benefited?

" Each Government will appoint from its public service such engineeringand other technical assistance as may be necessary to enable the Commis-sion to make the desired examination and to submit their report."

51. EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT'BETWEEN THE UNITED STATES OF AMERICA AND

CANADA REGARDING THE LEVEL OF LAKE MEMPHRE-MAGOG. WASHINGTON, SEPTEMBER 20 AND OTTAWA,NOVEMBER 6, 19352

The Secretary of State to the Minister in Canada (Armour)No. 17

Washington, August 26, 1935Sir:

On April 9, 1920, the Secretary of State transmitted to the Charg6d'Affaires of Great Britain a copy of a petition presented by the inhabitantsof the city of Newport and the towns of Derby, Coventry, Barton and New-port, in the State of Vermont, representing that owing to the action of theDominion Textile Company in maintaining a dam for power purposes inthe Magog River at or near the outlet of Lake Memphremagog, in theProvince of Quebec, the level of the lake had been increased several feetabove the normal level. This resulted in damage to American residenceand property owners in the vicinity of the lake and along the Clyde, Bartonand Black Rivers which empty therein, the levels of which are affected bythe level of the lake.

The attention of the Charg6 d'Affaires was also drawn to the provisionsof Articles 3 and 4 of the Boundary Waters Convention ofJanuary 11, 1909.

In a note dated August 2, 1920, from the British Embassy it was suggestedthat the United States Government appoint an engineer to confer with aCanadian Government engineer and if possible unite with the latter in ajoint recommendation to each government as to the levels or level at whichLake Memphremagog should be, as far as possible, maintained. Thissuggestion was acceptable to this Government and the International LakeMemphremagog Board was accordingly established.

After numerous delays, due in large part to the efforts of the interestedparties to find a satisfactory solution to the problem between themselves,

Came into force on 6 November, 1935, by the exchange of the said Notes.2 Foreign Relations of the United States, 1935, vol. II, p. 53.

182

the Board completed its investigation and on May 14, 1934, submitted itsreport. It is gratifying to note that during the investigation the Board hadthe cooperation of the Dominion Textile Company " which has maintainedthe levels of the lake in a manner which has avoided the development offurther complaints on the part of the foreshore landowners ". In conclusionthe Board recommended that the following principles should govern theregulation of the flow of water from Lake Memphremagog:

" (a) That the levels of the lake shall continue to be regulated inaccordance with the rights of regulation held and practised by theDominion Textile Company at the time of the signing of the BoundaryWaters Treaty in 1909, i.e. the levels under conditions of normal flowto range between the upper elevation of 682.57 old datum or 682.70Geodetic Survey of Canada 1923 adjustment, and a lower limit of 678.85old datum or 678.98 under the 1923 adjustment.

" (b) That during times of flood the sluiceways of the dam shall besufficiently opened to ensure that the outflow from the lake shall beunobstructed by the dam, the flood water drawn off, and the waterlevel in the lake reduced to the normal regulated level of 682.70 asrapidly as possible."Please address a note to the Canadian Government in the above sense,

stating that this Government is pleased to concur in the recommendations ofthe Board as a satisfactory solution of the problem at the present time andinquiring whether the recommendations in question also have the approvalof the Canadian Government. You should add that while this Governmenthas every expectation that the suggested adjustment will prove a satisfactorysolution of the problem, should it be the subject of future complaints thematter would appear to be one which should be referred to the InternationalJoint Commission.

A copy of the report of the International Lake Memphremagog Board isenclosed for your information.

The Minister in Canada (Armour) to the Secretary of StateNo. 216

Ottawa, November 9, 1935[Received November 18]

Sir:

I have the honor to refer to the Department's instruction No. 17 ofAugust 26, 1935 (file No. 711.42157M51/24) relative to the report ofthe International Lake Memphremagog Board of May 14, 1934, andinstructing me to address a note to the Canadian Government expressingthe concurrence of the American Government in the recommendations ofthe Board and inquiring whether the Canadian Government approvesthem.

A note was accordingly sent to the Canadian Secretary of State forExternal Affairs in this sense, and a reply has now been received statingthat the Canadian Government is also of the opinion the Board's recommen-dations afford a satisfactory solution to the Memphremagog problem andconcurs therein.

It is of interest to note the precautionary measure adopted by the Cana-

183

dian Government, following submission of the Board's report, in securingfull cooperation from the Dominion Textile Company in carrying out theBoard's recommendations pending final definite action upon the reportby the two Governments.

I should like to point out, in connection with the Canadian reply, thehappy tone of the note, particularly of the concluding paragraph. It mayalso be remarked that the note was signed personally by the Prime Ministerin his capacity of Secretary of State for External Affairs and is the firstreceived from Mackenzie King since he took over the reins of office onOctober 23, 1935.

Copies of my note No. 35 of September 20, 1935, to the Canadian Gov-ernment, and of the Canadian reply, note No. 124 of November 6, 1935, areenclosed, since it is presumed that the notes may perhaps be incorporatedin the Executive Agreement Series. Should this be desired, I shouldappreciate receiving in due course a draft of any announcement which itmay be proposed to make in making public the outcome of this matter.I have been assured informally by the Canadian Government that therewill be no objection to the publication of its note in question; however,I should appreciate the receipt of an instruction requesting me to approachthe Canadian Government in writing on this point. Should it be decidedto issue any public statement with regard to the agreement reached be-tween the two Governments I have no doubt the Canadian authoritieswould appreciate simultaneous issuance thereof.

52. CONVENTION ' BETWEEN THE UNITED STATES OFAMERICA AND CANADA PROVIDING FOR EMERGENCYREGULATION OF THE LEVEL OF RAINY LAKE ANDOF OTHER BOUNDARY WATERS IN THE RAINY LAKEWATER SHED, SIGNED AT OTTAWA, SEPTEMBER 15, 1938 2

Desirous of providing for emergency regulation of the level of RainyLake and of the level of other boundary waters in the Rainy Lake water-shed, in such a way as to protect the interests of the inhabitants of theUnited States of America and Canada, and,

Accepting as a basis of agreement the following recommendations madeby the International Joint Commission in its Final Report dated May 1st,1934, on the Reference concerning Rainy Lake and the boundary watersflowing into and from that lake, and particularly in answer to Question 2of that Reference, namely,

that it would be wise and in the public interest that the Commission beclothed with power to determine when unusual or extraordinary condi-tions exist throughout the watershed, whether by reason of high orlow water, and that it be empowered to adopt such measures of controlas to it may seem proper with respect to existing dams at Kettle Fallsand International Falls, as well as any future dams or works, in the eventof the Commission determining that such unusual or extraordinaryconditions exist.

I Came into force on 3 October 1940 by the exchange of ratifications.2 League of Nations, Treaty Series, vol. 203, p. 208.

184

Have resolved to conclude a convention for that purpose....

Article 1

The International Joint Commission, established pursuant to the pro-visions of the Treaty signed at Washington on the 11 th day of January,1909,1 relating to questions arising between the United States of Americaand Canada, is hereby clothed with power to determine when emergencyconditions exist in the Rainy Lake watershed, whether by reason of highor low water, and the Commission is hereby empowered to adopt such mea-sures of control as to it may seem proper with respect to existing dams atKettle Falls and International Falls, as well as with respect to any existingor future dams or works in boundary waters of the Rainy Lake watershed,in the event the Commission shall determine that such emergency conditionsexist.

53. EXCHANGE OF NOTES 2 BETWEEN THE GOVERNMENTOF THE UNITED STATES OF AMERICA AND THE GOV-ERNMENT OF CANADA CONSTITUTING AN AGREE-MENT REGARDING THE DEVELOPMENT OF CERTAINPORTIONS OF THE GREAT LAKES ST. LAWRENCE BASINPROJECT. WASHINGTON, OCTOBER 14 AND 31, ANDNOVEMBER 7, 1940

DEPARTMENT OF STATE

Washington, October 14th, 1940Sir,

I have the honor to refer to the conversations which have taken placerecently between officials of the Governments of the United States andCanada in regard to the desirability of taking immediate steps looking to theearly development of certain portions of the Great Lakes-St. LawrenceBasin project. These conversations have indicated that there is apprehen-sion in both countries over the possibility of a power shortage; these appre-hensions have been heightened by the necessity for increased supplies ofpower in consequence of Canada's war effort and of the major nationaldefense effort in the United States.

In the light of these considerations, the Government of the United Statesproposes that each Government appoint forthwith a Temporary GreatLakes-St. Lawrence Basin Committee consisting of not more than fivemembers. These two Committees would cooperate in preliminary engineer-ing and other investigations for that part of the project which is locatedin the International Rapids Section of the St. Lawrence River, in orderthat the entire project may be undertaken without delay when final decision

I See infra, Treaty No. 79 p. 2602 Came into force 7 November 1940 by the exchange of the said Notes.3 League of Nations, Treaty Series, vol. 203, p. 268.

185

is reached by the two Governments. The Government of the UnitedStates is prepared to advance the necessary funds up to $1,000,000 to payfor these preliminary engineering and other investigations, on the under-standing that their cost shall ultimately be prorated by agreement betweenthe two Governments.

Meanwhile, to assist in providing an adequate supply of power to meetCanadian defense needs and contingent upon the Province of Ontario'sagreeing to provide immediately for diversions into the Great Lakes Systemof waters from the Albany River Basin which normally flow into HudsonBay, the Government of the United States will interpose no objection, pend-ing the conclusions of a final Great Lakes-St. Lawrence Basin agreementbetween the two countries, to the immediate utilization for power at NiagaraFalls by the Province of Ontario of additional waters equivalent in quantityto the diversions into the Great Lakes Basin above referred to.

I shall be glad if you will let me know if your Government is in accordwith the foregoing proposals.

CANADIAN LEGATION

No. 316

Washington, October 14th, 1940Sir,

I have the honour to refer to your note of October 14th, in which youproposed that the Governments of Canada and the United States takeimmediate steps looking to the early development of certain portions of theGreat Lakes-St. Lawrence Basin project.

I am instructed to inform you that the Canadian Government is inaccord with the proposals which you have made.

CANADIAN LEGATION

No. 340Washington, October 31st, 1940

Sir,

I have the honour to refer to the third paragraph of your note of October14th concerning the Great Lakes-St. Lawrence Basin project, in whichyou state that to assist in providing an adequate supply of power to meetCanadian defence needs and contingent upon the Province of Ontario'sagreeing to provide immediately for diversions into the Great Lakes Systemof waters from the Albany River Basin which normally flow into HudsonBay, the Government of the United States would interpose no objection,pending the conclusion of a final Great Lakes-St. Lawrence Basin agree-ment between the two countries, to the immediate utilization for power atNiagara Falls by the Province of Ontario of additional waters equivalentin quantity to the diversions into the Great Lakes Basin above referred to.

I am instructed to inform you that the Canadian Government has re-ceived appropriate assurances that the Hydro-Electric Power Commissionof Ontario is prepared to proceed immediately with the Long Lac-Ogokidiversions and that this action has been approved by the Governmentof the Province.

The Canadian Government is therefore giving appropriate instructions

to authorize the additional diversion of 5,000 cubic feet per second atNiagara by the Hydro-Electric Power Commission of Ontario.

DEPARTMENT OF STATE

Washington, November 7th, 1940Sir,

I have the honor to acknowledge the receipt of your Note No. 340 ofOctober 31st, 1940, stating that the Hydro-Electric Power Commissionof Ontario is prepared to proceed immediately with the Long Lac-Ogokidiversions of waters from the Albany River Basin into the Great LakesSystem and that this action has been approved by the Government of theProvince.

I note also that the Canadian Government is giving appropriate instruc-tions to. authorize the additional diversion of 5,000 cubic feet per secondof water at Niagara Falls by the Hydro-Electric Power Commission ofOntario.

54. EXCHANGE OF NOTES1 BETWEEN THE GOVERNMENTSOF THE UNITED STATES OF AMERICA AND OF CAN-ADA CONSTITUTING AN AGREEMENT RELATING TOTHE TEMPORARY RAISING OF THE LEVEL OF LAKE ST.FRANCIS DURING LOW WATER PERIODS. WASHING-TON, 10 NOVEMBER 19412

I

The Canadian Minister to the Secretary of State

CANADIAN LEGATION

Washington, November 10, 1941No. 682'

Sir,

I have the honour, on the instructions of my Government, to enquirewhether the Government of the United States of America would agree to atemporary raising of the level of Lake St. Francis during low water periods,for the reasons and in the circumstances hereinafter set out:1. The Beauharnois Light, Heat and Power Company has for some years,

under the authority of the Parliament and Government of Canada,diverted water from Lake St. Francis for the development of hydro-electric power.

2. In order to conserve the supply of power in the lower St. Lawrence,

1 Came into force on 10 November 1941, by the exchange of the said Notes.2 United Nations, Treaty Series, vol. 23, p. 276.

which is needed to continue the existing export of power for aluminumproduction at Massena, New York, the Company have asked the Cana-dian Government for authority to maintain the level of Lake St. Francisat 152.0 during low water periods, subject to the maintenance of thenormal regimen of the Lake for levels above that elevation.

3. During these periods the water level of the Lake has fallen to 150.0 andmay even fall to a lower level, whereas the mean level of the Lake is151.7 and the normal high water 154.0. Extreme high water may go toabove elevation 155.75.

4. To provide for the maintenance of the Lake level, the Company ispresently installing a temporary dam to partially close the existinggap at the head of the Coteau Rapids, and have in contemplation fornext season the construction of a permanent dam to close the gap com-pletely, but this will not assure their output during low water periodsunless they are permitted to maintain the Lake level at 152.0 as above.The regulation of the level of the Lake to 152.0 will not only be ofbenefit to the Beauharnois output in this vital period but will assurecontinuous 14 ft. depth for navigation in the Cornwall Canal, and maymaintain more satisfactory shore conditions during low water periods.

5. The proposal would result in an increase, in low water periods, in thenatural levels on the United States side of the St. Lawrence River nearthe head of Lake St. Francis.

In view of the importance to both Canada and the United States ofAmerica of the conservation of the power supply in this area, the CanadianGovernment proposes that both Governments should agree to permit themaintenance of the level of Lake St. Francis at 152.0 during low waterperiods, subject to the maintenance of the normal regimen of the Lakefor levels above that elevation. The proposed agreement would expireon October 1st, 1942.

If the foregoing is acceptable to your Government, this note and yourreply thereto shall be regarded as constituting a special agreement betweenthe two Governments within the meaning of Article 4 of the BoundaryWaters Treaty of 1909.

I have the honour to be, with the highest consideration, Sir, your mostobedient, humble servant,

H. H. WRONG

For the Minister

The Hon. Cordell HullSecretary of State of the United StatesWashington, D.C.

II

The Secretary of State to the Canadian Minister

DEPARTMENT OF STATE

Washington, November 10, 1941Sir,

I have the honour to inform you that the Government of the United Statesconcurs in the proposals contained in your note of November 10 regarding

188

the temporary raising of the level of Lake St. Francis during low waterperiods. The Government of the United States attaches importance to theunderstanding that this agreement authorizing the raising of the level ofLake St. Francis is temporary, and that this action shall not be deemed tocreate any vested or other right calling for or implying an extension of theauthority to raise the level of Lake St. Francis beyond October 1, 1942.

Accept, Sir, the renewed assurances of my highest consideration.

For the Secretary of State:

A. A. BERLE, JR.

The Honorable Leighton McCarthy, K.C.Minister of Canada

55. EXCHANGE OF NOTES' CONSTITUTING AN AGREEMENTEXTENDING THE ABOVE AGREEMENT. WASHINGTON,5 AND 9 OCTOBER 19422

The Canadian Minister to the Secretary of State

CANADIAN LEGATION

Washington, October 5, 1942No. 653

Sir,

I have: the honour, on the instructions of my Government, to refer to theexchange of notes of November 10th 1941, whereby the Government of theUnited States of America agreed to a temporary raising of the levels ofLake St. Francis during low water periods for the reasons and subjectto the conditions and limitations set forth in the Notes.

The circumstances which led the Government of the United States toagree to the temporary raising of the levels of Lake St. Francis have con-tinued and, in view of the importance to both Canada and the UnitedStates of America of the conservation of the power supply in this area, theCanadian Government proposes that the arrangements set forth in theexchange of Notes should be continued until October 1, 1943. The arrange-ments as con*tinued would, of course, be subject to all of the conditions andlimitations as contained in the exchange of Notes of November 10, 1941.

Accept, Sir, the renewed assurances of my highest consideration.

Leighton MCCARTHY

The Honourable Cordell HullSecretary of State of the United StatesWashington, D.C.

I Came into force on 9 October 1942, by the exchange of the said Notes.2 United Nations, Treaty Series, vol. 23, p. 280.

II

The Secretary of State to the Canadian Minister

DEPARTMENT OF STATE

Washington, October 9, 1942Sir,

I have the honor to acknowledge the receipt of your note of October 5,1942 concerning the arrangements effected through an exchange of notes onNovember 10, 1941 with respect to a temporary raising of the levels of LakeSt. Francis during low water periods and to inform you that this Govern-ment is agreeable to your Government's proposal that these arrangementsshould be continued until October 1, 1943 subject, of course, to all of theconditions and limitations contained in the Notes exchanged on November10, 1941.

Accept, Sir, the renewed assurances of my highest consideration.

For the Secretary of State:

A. A. BERLE, JR.

The Honorable Leighton McCarthy, K.C.Minister of Canada

56. EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT'CONTINUING IN EFFECT THE ABOVE MENTIONEDAGREEMENT. WASHINGTON, 5 AND 9 OCTOBER 19432

I

The Canadian Minister to the Secretary of State

CANADIAN LEGATION

Washington, October 5th, 1943No. 516

Sir,

I have the honour, on the instructions of my Government, to refer to theexchange of notes of November 10th, 1941, whereby the Government ofthe United States of America agreed to a temporary raising of the levels ofLake St. Francis during low water periods for the reasons and subject tothe conditions and limitations set forth in the Notes. By an exchange ofnotes of October 5th and 9th, 1942, the arrangements made on Novem-ber 10th, 1941 were continued until October 1st, 1943.

The circumstances which led the Government of the United States toagree to the temporary raising of the levels of Lake St. Francis have con-tinued and, in view of the importance to both Canada and the UnitedStates of America of the conservation of the power supply in this area, theCanadian Government proposes that the arrangements set forth in theexchange of Notes should be continued until October 1st, 1944.

Came into force on 9 October 1943, by the exchange of the said Notes.2 United Nations, Treaty Series, vol. 105, p. 306.

190

The arrangements as continued would, of course, be subject to all of theconditions and limitations as contained in the exchange of Notes of Novem-ber 10th, 1941.

Accept, Sir, the renewed assurance of my highest consideration.

L. B. PEARSON

For the MinisterThe Honourable Cordell HullSecretary of State of the United StatesWashington, D.C.

II

The Secretary of State to the Canadian Minister

DEPARTMENT OF STATE

Washington, October 9, 1943Sir,

I have the honor to acknowledge the receipt of your note of October 5,1943 concerning the arrangements effected through an exchange of noteson November 10, 1941 with respect to a temporary raising of the levels ofLake St. Francis during low water periods and to inform you that thisGovernment is agreeable to your Government's proposal that these arrange-ments should be continued until October 1, 1944 subject, of course, to allof the conditions and limitations contained in the Notes exchanged onNovember 10, 1941.

Accept, Sir, the renewed assurances of my highest consideration.

For the Secretary of State:

A. A. BERLE, JR.

The Honorable Leighton McCarthy, K.C.Minister of Canada

57. EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT'CONTINUING IN EFFECT THE AGREEMENT OF 10 NO-VEMBER 1941. WASHINGTON, 31 AUGUST AND 7 SEPTEM-BER 1944. 2

I

The Canadian Chargi d'Affaires ad interim to the Secretary of State

CANADIAN EMBASSY

No. 369 Washington 6, D.C. August 31, 1944

Sir,

I have the honour, on the instructions of my Government, to refer to theexchange of Notes of November 10th, 1941, whereby the Government of

I Came into force on 7 September 1944, by the exchange of the said Notes.2 United Nations, Treaty Series, vol. 105, p. 310.

191,

the United States of America agreed to a temporary raising of the levelsof Lake St. Francis during low water periods for the reasons and subjectto the conditions and limitations set forth in the notes. By an exchangeof notes of October 5th and 9th, 1943, the arrangements made on Novem-ber 10th, 1941 were continued until October 1st, 1944.

The circumstances which led the Government of the United States toagree to the temporary raising of the levels of Lake St. Francis have con-tinued, and in view of the importance to both Canada and the UnitedStates of America of the conservation of the power supply in this area, theCanadian Government proposes that the arrangements set forth in theexchange of notes should be continued for the duration of the emergency,subject to review prior to October 1st of each year. The arrangements ascontinued would, of course, be subject to all of the conditions and limitationsas contained in the exchange of notes of November 10th, 1941.

Accept, Sir, the renewed assurance of my highest consideration.

L. B. PEARSON

Chargd d'AffairesThe Honourable Cordell HullSecretary of State of the United StatesWashington, D.C.

II

The Secretary of State to the Canadian Chargi d'Affaires ad interim

DEPARTMENT OF STATE

Washington, September 7, 1944Sir,

I have received your note No. 309 of August 31, 1944 concerning thearrangements effected through an exchange of Notes on November 10, 1941with respect to a temporary raising of the levels of Lake St. Francis duringlow water periods, and to inform you that this Government is agreeableto your Government's proposal that these arrangements should be continuedfor the duration of the emergency, subject to review prior to October 1of each year and subject, of course, to all of the conditions and limitationscontained in the Notes exchanged on November 10, 1941.

Accept, Sir, the renewed assurance of my high consideration.

For the Secretary of State:

A. A. BERLE, JR.

The Honorable L. B. Pearson, O.B.E.Charg6 d'Affaires ad interim of Canada

58. EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT'3ETWEEN THE UNITED STATES OF AMERICA ANDCANADA RELATING TO A STUDY TO BE MADE BY THEINTERNATIONAL JOINT COMMISSION WITH RESPECTTO THE UPPER COLUMBIA RIVER BASIN. OTTAWA, 25FEBRUARY AND 3 MARCH 19442

I

The American Ambassador to the Canadian Secretary of State for External Affairs

EMBASSY OF THE UNITED STATES OF AMERICA

Ottawa, Canada, February 25, 1944No. 101

Sir:

I have the honor to refer to your note No. 157 of December 10, 1943,concerning the desirability of having a study made by the InternationalJoint Commission with respect to the Upper Columbia River Basin from thepoints of view of navigation, power development, irrigation, flood control,and other beneficial public uses and purposes.

As the result of informal exchanges of views on this subject I have beendirected to bring the following suggested reference to the Commission toyour attention with the request that I be informed whether it is acceptableto the Government of Canada:

" 1. In order to determine whether a greater use than is now beingmade of the waters of the Columbia River system would be feasible andadvantageous, the Governments of the United States and Canada haveagreed to refer the matter to the International Joint Commission forinvestigation and report pursuant to Article IX of the Convention con-cerning Boundary Waters between the United States and Canada, signedJanuary 11th, 1909.

" 2. It is desired that the Commission shall determine whether inits judgment further development of the water resources of the river basinwould be practicable and in the public interest from the points of viewof the two Governments, having in mind (A) domestic water supply andsanitation, (B) navigation, (C) efficient development of water power,(D) the control of floods, (E) the needs or irrigation, (F) reclamationof wet lands, (G) conservation of fish and wildlife, and (H) other beneficialpublic purposes.

" 3. In the event that the Commission should find that furtherworks or projects would be feasible and desirable for one or more of thepurposes indicated above, it should indicate how the interests on either sideof the boundary would be benefited or adversely affected thereby, andshould estimate the costs of such works or projects, including indemni-fication for damage to public and private porperty and the costs of any

1 Came into force on 3 March 1944, by the exchange of the said Notes.2 United Nations, Treaty Series, vol. 109, p. 192.

remedial works that may be found to be necessary, and should indicatehow the costs of any projects and the amounts of any resulting damageshould be apportioned between the two Governments.

" 4. The Commission should also investigate and report on existingdams, hydro-electric plants, navigation works, and other works or projectslocated within the Columbia River system in so far as such investigationand report may be germane to the subject under consideration.

" 5. In the conduct of its investigation and otherwise in the perfor-mance of its duties under this reference, the Commission may utilize theservices of engineers and other specially qualified personnel of the technicalagencies of Canada and the United States and will so far as possible makeuse of information and technical data heretofore acquired by such techni-cal agencies or which may become available during the course of theinvestigation, thus avoiding duplication of effort and unnecessary ex-pense."If the proposed reference is acceptable to your Government I should

appreciate being informed, and this note together with your reply would beregarded as an agreement between our two Governments on the terms ofreference.

Accept, Sir, the renewed assurances of my highest consideration.

Ray ATHERTON

The Right HonorableThe Secretary of State for External AffairsOttawa

II

The Canadian Secretary of State for External Affairsto the American Ambassador

DEPARTMENT OF EXTERNAL AFFAIRS

CANADA

Ottawa, March 3, 1944

No. 18

Excellency:

I have the honour to refer to your note No. 101 dated February 25,1944, in which you brought to the attention of the Canadian Governmentthe terms of a reference to the International Joint Commission with respectto the Upper Columbia River Basin.

The proposed reference is acceptable to the Canadian Government andyour note, together with this reply, may be regarded as an agreement be-tween our two Governments on the terms of reference.

Accept, Excellency, the renewed assurances of my highest consideration.

N. A. ROBERTSON

For Secretary of State for External AffairsHis ExcellencyThe Ambassador of the United States of AmericaUnited States LegationOttawa

59. TREATY1 BETWEEN THE UNITED STATES OF AMERICAAND. CANADA RELATING TO THE USES OF THE WATERSOF THE NIAGARA RIVER. SIGNED AT WASHINGTON, ON27 FEBRUARY 19502

The United States of America and Canada, recognizing their primaryobligation to preserve and enhance the scenic beauty of the Niagara Fallsand River and, consistent with that obligation, their common interest inproviding for the most beneficial use of the waters of that River,

Considering that the quantity of water which may be diverted from theNiagara River for power purposes is at present fixed by Article V of thetreaty with respect to the boundary waters between the United States ofAmerica and Canada, signed at Washington, January 11, 1909, betweenthe United States of America and Great Britain, and by notes exchangedbetween the Government of the United States of America and the Govern-ment of Canada in 1940, 1941, and 1948 authorizing for emergency pur-poses temporary additional diversions,

Recognizing that the supply of low-cost power in northeastern UnitedStates and southeastern Canada is now insufficient to meet existing andpotential requirements and considering that the water resources of theNiagara River may be more fully and efficiently used than is now permittedby international agreement,

Desiring to avoid a continuing waste of a great natural resource and tomake it possible for the United States of America and Canada to develop,for the benefit of their respective peoples, equal shares of the waters of theNiagara River available for power purposes, and,

Realizing that any redevelopment of the Niagara River for power in theUnited States of America and Canada is not advisable until the total diver-sion of water which may be made available for power purposes is authorizedpermanently and any restrictions on the use thereof are agreed upon,

Have resolved to conclude a treaty....

Article I

This Treaty shall terminate the third, fourth, and fifth paragraphs ofArticle V of the treaty between the United States of America and Great.Britain relating to boundary waters and questions arising between theUnited States of America and Canada dated January 11, 1909, and theprovisions embodied in the notes exchanged between the Government ofthe United States of America and the Government of Canada at Washing-ton on May 20, 1941, October 27, 1941, November 27, 1941, and December23, 1948 regarding temporary diversions of water of the Niagara River forpower purposes.

Article II

The United States of America and Canada agree to complete in accord-ance with the objectives envisaged in the final report submitted to the UnitedStates of America and Canada on December 11, 1929, by the Special Inter-

' The treaty came into force on 10 October 1950 by the exchange of ratifi-cations at Ottawa.

2 United Nations, Treaty Series, vol. 132, p. 224.

195

national Niagara Board, the remedial works which are necessary to enhancethe beauty of the Falls by distributing the waters so as to produce an un-broken crestline on the Falls. The United States of America and Canadashall request the International Joint Commission to make recommendationsas to the nature and design of such remedial works and the allocation ofthe task of construction as between the United States of America and Canada.Upon approval by the United States of America and Canada of such re-commendations the construction shall be undertaken pursuant theretounder the supervision of the International Joint Commission and shall becompleted within four years after the date upon which the United Statesof America and Canada shall have approved the said recommendations.The total cost of the works shall be divided equally between the UnitedStates of America and Canada.

Article III

The amount of water which shall be available for the purposes included inArticles IV and V of this Treaty shall be the total outflow from Lake Erieto the Welland Canal and the Niagara River (including the Black RockCanal) less the amount of water used and necessary for domestic andsanitary purposes and for the service of canals for the purposes of naviga-tion. Waters which are being diverted into the natural drainage of theGreat Lakes System through the existing Long Lac-Ogoki works shallcontinue to be governed by the notes exchanged between the Governmentof the United States of America and the Government of Canada at Washing-ton on October 14 and 31 and November 7, 1940, and shall not be includedin the waters allocated under the provisions of this Treaty.

Article IV

In order to reserve sufficient amounts of water in the Niagara River forscenic purposes, no diversions of the water specified in Article III of thisTreaty shall be made for power purposes which will reduce the flow overNiagara Falls to less than one hundred thousand cubic feet per secondeach day between the hours of eight a.m., E.S.T., and ten p.m., E.S.T.,during the period of each year beginning April 1 and ending September 15,both dates inclusive, or to less than one hundred thousand cubic feet persecond each day between the hours of eight a.m., E.S.T., and eight p.m.,E.S.T., during the period of each year beginning September 16 and endingOctober 31, both dates inclusive, or to less than fifty thousand cubic feetper second at any other time; the minimum rate of fifty thousand cubicfeet per second to be increased when additional water is required for flushingice above the Falls or through the rapids below the Falls. No diversionof the amounts of water, specified in this Article to flow over the Falls, shallbe made for power purposes between the Falls and Lake Ontario.

Article V

All water specified in Article III of this Treaty in excess of water reservedfor scenic purposes in Article IV may be diverted for power purposes.

Article VI

The waters made available for power purposes by the provisions of this

196

Treaty shall be divided equally between the United States of America andCanada.

Article VII

The United States of America and Canada shall each designate a re-presentative who, acting jointly, shall ascertain and determine the amountsof water available for the purposes of this Treaty, and shall record the same,and shall also record the amounts of water used for power diversions.

Article VIII

Until such time as there are facilities in the territory of one party to use itsfull share of the diversions of water for power purposes agreed upon in thisTreaty, the other party may use the portion of that share for the use ofwhich facilities are not available.

Article IX

Neither party shall be responsible for physical injury or damage to per-sons or property in the territory of the other which may be caused by anyact authorized or provided for by this Treaty.

60. EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT 1

BETWEEN THE UNITED STATES OF AMERICA ANDCANADA RELATING TO THE ST. LAWRENCE SEAWAYPROJECT. WASHINGTON, 30 JUNE 19522

I

The Canadian Ambassador to the Acting Secretary of State

CANADIAN EMBASSY

No. 44 7Washington, D.C., June 30, 1952

Sir,

I have the honour to refer to our exchange of notes of January 11, 1952,relating to the St. Lawrence Seaway and Power Project. In my note to you,I informed you that the Canadian Government is prepared to proceed withthe construction of the seaway as soon as appropriate arrangements can bemade for the construction of the power phase of the project as well.

I have been instructed by my Government to inform you that, when allarrangements have been made to ensure the completion of the powerphase oF the St. Lawrence project, the Canadian Government will constructlocks and canals on the Canadian side of the International Boundary toprovide for deep-water navigation to the standard specified in the proposedagreement between Canada and the United States for the developmentof navigation and power in the Great Lakes-St. Lawrence Basin, signedMarch 19, 1941, and in accordance with the specifications of the Joint

1 Came into force on 30 June 1952 by the exchange of the said Notes.2 United Nations, Treaty Series, vol. 234, p. 200.

197

Board of Engineers, dated November 16, 1926, and that such deep-waternavigation shall be provided as nearly as possible concurrently with thecompletion of the power phase of the St. Lawrence project.

The undertaking of the Government of Canada with respect to thesedeepwater navigation facilities is based on the assumption that it will not bepossible in the immediate future to obtain Congressional approval of theGreat Lakes-St. Lawrence Basin Agreement of 1941. As it has been deter-mined that power can be developed economically, without the seaway, inthe International Rapids Section of the St. Lawrence River and as therehas been clear evidence that entities in both Canada and the United Statesare prepared to develop power on such a basis, the Canadian Governmenthas, with Parliamentary approval, committed itself to provide and maintainwhatever additional works may be required to allow uninterrupted 27-footnavigation between Lake Erie and the Port of Montreal, subject to satis-factory arrangements being made to ensure the development of power.

Canada's undertaking to provide the seaway is predicated on the construc-tion and maintenance by suitable entities in Canada and the United Statesof a sound power project in the International Rapids Section. The featuresof such a power project are described in section 8 of the applications to besubmitted to the International Joint Commission by the Governments ofCanada and of the United States. They are also described in the Agree-ment of December 3, 1951, between the Government of Canada and theGovernment of Ontario, forming part of the International Rapids PowerDevelopment Act, Chapter 13 of the Statutes of Canada, 1951 (SecondSession), a copy of which-is attached hereto. The Canadian Governmentwishes to make it clear that, even were the seaway not to be constructed,Canada would not give its approval to any power development scheme inthe International Rapids Section of the St. Lawrence River which omittedany of the features so described.

However, in order to ensure that construction of both the power projectand the deep waterway may be commenced without any further delay andnotwithstanding:(a) That the power-developing entities would be required, if power were

to be developed alone, to provide for continuance of 14-foot navigation(such provision was indeed made in the 1948 applications by the Provinceof Ontario and the State of New York), and that the Canadian Govern-ment's commitment to provide concurrently a deep waterway betweenLake Erie and the Port of Montreal does not alter the basic principlethat any entity developing power in boundary waters must make ade-quate provision for the maintenance of existing navigation facilities, and

(b) That, in view of the clear priority given to navigation over power byArticle VIII of the 1909 Boundary Waters Treaty, provision of channelingto the extent specified in the Annex to the 1951 Canada-Ontario Agree-ment referred to above is reasonable and in conformity with Canadianpractice,

the Canadian Government is now prepared to agree:(a) That the amount to be paid to Canada, as specified in the Agreement

of December 3, 1951, between Canada and Ontario, in lieu of the con-struction by the power-developing entities of facilities required for thecontinuance of 14-foot navigation, be excluded from the total cost of thepower project to be divided between the Canadian and United Statespower-developing entities, in consideration of the fact that actual re-

198

placement of 14-foot navigation facilities will be rendered unnecessaryby reason of the concurrent construction of the deep waterway in Canada,and

(b) That the Authority to be established pursuant to the provisions of theSt. Lawrence Seaway Authority Act, Chapter 24 of the Statutes ofCanada, 1951 (Second Session), contribute $15 million towards the costof the channel enlargement which the power-developing entities mustundertake in the St. Lawrence River, as set out in paragraph 4 of theAnnex to the Canada-Ontario Agreement of December 3, 1951, andin section 8 of the applications to the International Joint Commission,in consideration of the benefits which will accrue to navigation from suchchannel enlargement.I understand that your Government approves the arrangements outlined

in this note and that it is further agreed, subject to the modifications out-lined in the preceding paragraph, that the Government of Canada and theGovernment of the United States will request the International JointCommission to allocate equally between the two power-developing entitiesthe cost of all the features described in section 8 of the applications to theInternational Joint Commission and'in the Agreement of December 3, 1951,between Canada and Ontario.

Accept, Sir, the renewed assurances of my highest consideration.

H. H. WRONGThe Honourable David BruceActing Secretary of State of the United StatesWashington, D.C.

II

The Acting Secretary of State to the Canadian Ambassador

DEPARTMENT OF STATE

Washington, June 30, 1952Excellency:

I have the honor to acknowledge the receipt of your note ofJune 30, 1952,in which you inform me that your Government, when all arrangementshave been made to ensure the completion of the power phase of the St.Lawrence project, will construct locks and canals on the Canadian sideof the International Boundary to provide deep-water navigation to thestandard specified in the proposed agreement between the United Statesand Canada for the development of navigation and power in the GreatLakes-St. Lawrence Basin, signed March 19, 1941, and in accordance withthe specifications of the Joint Board of Engineers, dated November 16,1926, and that such deep-water navigation shall be provided as nearly aspossible concurrently with the completion of the power phase of the St.Lawrence Project.

My Government approves the arrangements set forth in your note and,subject to the modifications there proposed and outlined below, agrees torequest the International Joint Commission to allocate equally between thepower-developing entities the cost of all the features described in Section 8of the applications to the International Joint Commission and in the Agree-ment of December 3, 1951, between the Governments of Canada and Ontario.

These modifications are:(a) The amount to be paid to Canada, as specified by the Agreement of

December 3, 1951, between Canada and Ontario, in lieu of the construc-tion by the power-developing entities offacilities required for the conti-nuance of 14-foot navigation, be excluded from the total cost of the powerproject to be divided between the Canadian and United States power-developing entities, in consideration of the fact that actual replacementof 14-foot navigation facilities will be rendered unnecessary by reason ofthe concurrent construction of the deep waterway in Canada, and

(b) That the Authority to be established pursuant to the provisions ofthe St. Lawrence Seaway Authority Act, chapter 24 of the Statutes ofCanada, 1951 (Second Session), contribute $15 million toward thecost of channel enlargement which the power developing entities mustundertake in the St. Lawrence River, as set out in Section 8 of the ap-plications to the International Joint Commission and in paragraph 4of the Annex to the Canada-Ontario Agreement of December 3, 1951,in consideration of the benefits which will accrue to navigation from suchchannel enlargement.Accept, Excellency, the renewed assurances of my highest consideration.

David BRUCE

Acting SecretaryHis Excellency the Honorable Hume WrongAmbassador of Canada

61. EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT 1

BETWEEN THE UNITED STATES OF AMERICA ANDCANADA RELATING TO THE ESTABLISHMENT OF THEST. LAWRENCE RIVER JOINT BOARD OF ENGINEERS.WASHINGTON, 12 NOVEMBER 19532

I

The Canadian Ambassador to the Secretary of State

CANADIAN EMBASSY

No. 820Washington, D. C., November 12, 1953

Sir:

I have the honour to refer to the Order of Approval issued by the Inter-national Joint Commission on October 29, 1952, under authority of theBoundary Waters Treaty of January 11, 1909, in the matter of the applica-tions of the Government of Canada and the Government of the United Statesof America for an Order of Approval for the construction of certain worksfor the development of power in the International Rapids Section of theSt. Lawrence River.

The Government of Canada has designated the Hydro-Electric Power

I Came into force on 12 November 1953 by the exchange of the said Notes.2 United Nations, Treaty Series, vol. 234, p. 98.

200

Commission of Ontario as the entity to construct, maintain and operate theproposed works in Canada and I have been informed that the Governmentof the United States, consistent with the action of the Federal Power Com-mission in licensing the Power Authority of the State of New York, hasdeclared that authority to be the designee of the Government of the UnitedStates of America for the construction of the works referred to in the Orderof Approval of the International Joint Commission of October 29, 1952.It would, therefore, be agreeable to the Canadian Government if the St.Lawrence River Joint Board of Engineers, proposed in the applications ofboth Governments to the International Joint Commission and approvedin that Commission's Order, were now established so that the Hydro-Electric Power Commission of Ontario and the Power Authority of theState of New York may submit their plans and programmes of constructionto the Board for its approval.

The Canadian Government suggests that the Board consist of four mem-bers, two to be designated by and to act on behalf of the Government ofCanada and two to be designated by and to act on behalf of the Govern-ment of the United States of America, and that the Board should performthe duties specified in clause (g) of the Order of Approval, including theapproval of the plans and specifications of the works and the programmesof construction thereof, submitted for approval of the respective Govern-ments as required by the Order of Approval, and assurance that the con-struction of the works is in accordance with such approval.

Reports shall be made by the Joint Board of Engineers to the respectivegovernments to keep them currently informed of the progress of the con-structlion of the works.

If the Government of the United States is agreeable to the foregoingproposals, I suggest that this note and your reply should constitute an agree-ment between our two governments establishing the St. Lawrence RiverJoint Board of Engineers.

Accept, Sir, the renewed assurances of my highest consideration.

A. D. P. HEENEY

The Honourable John Foster DullesSecretary of State of the United StatesWashington, D.C.

II

The Secretary of State to the Canadian Ambassador

DEPARTMENT OF STATE

Washington, Nov. 12, 1953Excellency:

I have the honor to refer to your note No. 820 of November 12, 1953, inwhich you made proposals for the establishment of the St. Lawrence RiverJoint Board of Engineers.

I have the honor to inform you that the Government of the United Statesconcurs in these proposals and agrees that your note and the present replyshall constitute an agreement between our two Governments establishingthe St. Lawrence River Joint Board of Engineers, as proposed in the applica-tions of each Government, dated June 30, 1952, to the International Joint

201

Commission and approved in that Commission's Order of October 29, 1952.Accept, Excellency, the renewed assurances of my highest consideration.

John Foster DULLES

His Excellency A. D. P. HeeneyAmbassador of Canada

62. CONVENTION' BETWEEN THE UNITED STATES OFAMERICA AND CANADA ON GREAT LAKES FISHERIES.SIGNED AT WASHINGTON, ON 10 SEPTEMBER 19542

Taking note of the interrelation of fishery conservation problems and ofthe desirability of advancing fishery research in the Great Lakes,

Being aware of the decline of some of the Great Lakes fisheries,Being concerned over the serious damage to some of these fisheries caused

by the parasitic sea lamprey and the continuing threat which this lampreyconstitutes for other fisheries,...

Article I

This Convention shall apply to Lake Ontario (including the St. LawrenceRiver from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie,Lake Huron (including Lake St. Clair), Lake Michigan, Lake Superior andtheir connecting waters, hereinafter referred to as " the Convention Area "This Convention shall also apply to the tributaries of each of the abovewaters to the extent necessary to investigate any stock of fish of commonconcern, the taking or habitat of which is confined predominantly to theConvention Area, and to eradicate or minimize the populations of the sealamprey (Petromyzon marinus) in the Convention Area.

Article 11

1. The Contracting Parties agree to establish and maintain a joint com-mission, to be known as the Great Lakes Fishery Commission, hereinafterreferred to as " the Commission ", and to be composed of two nationalsections, a Canadian Section and a United States Section. Each Sectionshall be composed of not more than three members appointed by the re-spective Contracting Parties.

2. Each Section shall have one vote. A decision or recommendation ofthe Commission shall be made only with the approval of both Sections.

3. Each Contracting Party may establish for its Section an advisory com-mittee for each of the Great Lakes. The members of each advisory commit-tee so established shall have the right to attend all sessions of the Commissionexcept those which the Commission decides to hold in camera.

I Came into force on I 1 October 1955, by the exchange of the instruments ofratification at Ottawa.

2 United Nations, Treaty Series, vol. 238, p. 98.

Article III

1. At the first meeting of the Commission and at every second subsequentannual meeting thereafter the members shall select from among themselves aChairman and a Vice-Chairman, each of whom shall hold office from theclose of the annual meeting at which he has been selected until the closeof the second annual meeting thereafter. The Chairman shall be selectedfrom one Section and the Vice-Chairman from the other Section. Theoffices of Chairman and Vice-Chairman shall alternate biennially betweenthe Sections.

2. The seat of the Commission shall be at such place in the Great Lakesarea as the Commission may designate.

3. The Commission shall hold a regular annual meeting at such place asit may decide. It may hold such other meetings as may be agreed upon bythe Chairman and Vice-Chairman and at such time and place as they maydesignate.

4. The Commission shall authorize the disbursement of funds for thejoint expenses of the Commission and may employ personnel and acquirefacilities necessary for the performance of its duties.

5. The Commission shall make such rules and by-laws for the conduct ofits meetings and for the performance of its duties and such financial regula-tions as it deems necessary.

6. The Commission may appoint an Executive Secretary upon suchterms as it may determine.

7. The staff of the Commission may be appointed by the ExecutiveSecretary in the manner determined by the Commission or appointed bythe Commission itself on terms to be determined by it.

8. The Executive Secretary shall, subject to such rules and procedures asmay be determined by the Commission, have full power and authority overthe staff and shall perform such functions as the Commission may prescribe.If the office of Executive Secretary is vacant, the Commission shall prescribewho shall exercise such power or authority.

Article IV

The Commission shall have the following duties:(a) To formulate a research program or programs designed to determine

the need for measures to make possible the maximum sustained produc-tivity of any stock of fish in the Convention Area which, in the opinionof the Commission, is of common concern to the fisheries of the UnitedStates of America and Canada and to determine what measures are bestadapted for such purpose;

(b) To coordinate research made pursuant to such programs and, ifnecessary, to undertake such research itself;

(c) To recommend appropriate measures to the Contracting Parties onthe basis of the findings of such research programs;

(d) To formulate and implement a comprehensive program for the purposeof" eradicating or minimizing the sea lamprey populations in the Conven-tion Area; and

(e) To publish or authorize the publication of scientific and other infor-mation obtained by the Commission in the performance of its duties.

Article V

In order to carry out the duties set forth in Article IV, the Commissionmay:

(a) Conduct investigations;(b) Take measures and install devices in the Convention Area and the

tributaries thereof for lamprey control; and(c) Hold public hearings in the United States of America and Canada.

Article VI

1. In the performance of its duties, the Commission shall, in so far asfeasible, make use of the official agencies of the Contracting Parties and oftheir Provinces or States and may make use of private or other public or-ganizations, including international organizations, or of any person.

2. The Commission may seek to establish and maintain working arrange-ments with public or private organization for the purpose of furthering theobjectives of this Convention.

Article VII

Upon the request of the Commission a Contracting Party shall furnishsuch information pertinent to the Commission's duties as is practicable. AContracting Party may establish conditions regarding the disclosure of suchinformation by the Commission.

Article VIII

1. Each Contracting Party shall determine and pay the expenses of itsSection. Joint expenses incurred by the Commission shall be paid by contri-butions made by the Contracting Parties. The form and proportion of thecontributions shall be those approved by the Contracting Parties after theCommission has made a recommendation.

2. The Commission shall submit an annual budget of anticipated jointexpenses to the Contracting Parties for approval.

Article IX

The Commission shall submit annually to the Contracting Parties areport on the discharge of its duties. It shall make recommendations to oradvise the Contracting Parties whenever it deems necessary on any matterrelating to the Convention.

Article X

Nothing in this Convention shall be construed as preventing any of theStates of the United States of America bordering on the Great Lakes or,subject to their constitutional arrangements, Canada or the Province ofOntario from making or enforcing laws or regulations within their respectivejurisdictions relative to the fisheries of the Great Lakes so far as such lawsor regulations do not preclude the carrying out of the Commission's duties.

Article XI

The Contracting Parties agree to enact such legislation as may be neces-sary to give effect to the provisions of this Convention.

Article XII

The Contracting Parties shall jointly review in the eighth year of the opera-tion. of this Convention the activities of the Commission in relation to theobjectives of the Convention in order to determine the desirability of con-tinuing, modifying or terminating this Convention.

63. EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT'

BETWEEN THE UNITED STATES OF AMERICA ANDCANADA WITH RESPECT TO THE CONSTRUCTION OFREMEDIAL WORKS AT NIAGARA FALLS, SIGNED AT

OTTAWA, SEPTEMBER 13, 19542

The Canadian Secretary of State for External Affairsto the American Chargd d'Affaires ad interim,

DEPARTMENT OF EXTERNAL AFFAIRS, CANADA

Ottawa, September 13, 1954Sir:

I have the honour to refer to recent conversations between representativesof our two Governments with respect to the construction of remedial worksat Niagara Falls. As Article II of the Convention between the United Statesand Canada signed on February 27, 1950, concerning uses of the waters ofthe Niagara River provides that " the total cost of the works shall be dividedequally between the United States of America and Canada ", the Govern-ment of Canada and the Government of the United States consider it desir-able that 50 per cent of the cost of the remedial works at Niagara Falls com-pleted by or on behalf of the other Government shall be paid by or on behalfof such other Government as work progresses.

I have the honour to propose, therefore, that our two Governments agreeas follows:(a) The Government of Canada and the Government of the United

States shall each bear 50 per cent of the cost of the remedial works atNiagara Falls done by or on behalf of the other Government as work pro-gresses. Monthly statements of expenditures and payments to cover themin the funds of the country performing the work shall be exchanged be-tween the agents of the two countries as indicated below. Adjustmentswill be made from time to time as required.

(b) In order to facilitate administration, payments by the United StatesGovernment shall be made directly to The Hydro-Electric Power Com-mission of Ontario, through the office of the Project Manager, Sir Adam

1 Came into force on 13 September 1954, by the exchange of the said Notes.2 Jnited Nations, Treaty Series, vol. 236, D. 382.

Beck-Niagara Generating Station No. 2, Niagara Falls, Ontario, actingon behalf of the Government of the Province of Ontario, which, underan Agreement dated March 27, 1950, made between the Governmentof Canada and the Government of Ontario, has assumed the obligationsof the Government of Canada in respect of the Canadian share of thecost of the remedial works to be constructed pursuant to Article II ofthe Niagara Treaty. Payments to the United States Government byThe Hydro-Electric Power Commission of Ontario shall be made to" The Treasurer of the United States " and be forwarded to the DistrictEngineer, Buffalo, New York, District of the Corps of Engineers. Inorder to comply with the provisions of Article II of the Niagara Treaty,the receipts to be given for each payment made by The Hydro-ElectricPower Commission of Ontario to the United States Corps of Engineers,and vice versa, shall constitute a full and sufficient discharge of the financialobligations of the two Governments under the Treaty in respect of eachsuch payment. In addition a final discharge of financial obligationsshall be made between the Government of Canada and the Governmentof the United States when payments for all costs of the remedial workshave been completed.

(c) Data in support of claims for reimbursements incurred for the periodcovered shall be made available by the Government of the United Statesthrough the District Office of the United States Corps of Engineers inBuffalo, New York, and by the Government of Canada through The Hydro-Electric Power Commission of Ontario, Office of the Project Manager,Sir Adam Beck-Niagara Generating Station No. 2, Niagara Falls, Ontario.

(d) This arrangement shall remain in force until all payments have beencompleted and the final discharge of financial obligations referred toabove has been made by an exchange of notes. It is understood thatthe arrangements herein set forth for the procedure respecting paymentof amounts due Canada are subject to the appropriation by the Congressof the funds required to pay such disbursements.If the Government of the United States is agreeable to the foregoing

proposals, I suggest that the present Note and your reply to that effectshould constitute an agreement between our two Governments which shalltake effect this day. ...

The Ametican Chargd d'Affaires ad interimto the Canadian Secretary of State for External Affairs

THE FOREIGN SERVICE OF THE UNITED STATES OF AMERICA,

UNITED STATES EMBASSY

Ottawa, September 13, 1954Sir:

I have the honor to acknowledge receipt of your note No. X-233 of Sep-tember 13, 1954, in which you make proposals concerning the procedureto be followed in the payment of expenditures incurred by or on behalfof the respective Governments for work performed at Niagara Falls pur-suant to Article II of the convention between the United States and Canadasigned on February 27, 1950 concerning the uses of the waters of the NiagaraRiver.

I have the honor to state that the Government of the United States

concurs in these proposals and agrees that your note and the present replyshall constitute an agreement between our Governments establishing pro-cedures to be followed with respect to disbursement of funds in payment forexpenditures on construction of remedial works at Niagara Falls ...

64. EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT 1

BETWEEN THE UNITED STATES OF AMERICA ANDCANADA RELATING TO THE ST. LAWRENCE SEAWAY.OTTAWA, 27 FEBRUARY 19592

The Agreement refers to a project involving the dredging and disposalof spoil in the St. Clair River and Lake St. Clair for the purpose of deepeningthe Great Lakes connecting channels in those areas.

(f) That any machine, plant, vessel, barge or the operators or crewsthereof, used on these works, shall not be permitted to tie up, dischargeashes, fuel oil, waste oil, etc., in a manner prejudicial to the health, well-being and activities of the owners and/or users of land or water areas, or tocommit any other nuisance in Canadian territory during the progress of,or subsequent to, the carrying out of these works. The attention of theUnited States Government is also drawn to Section 33 of the Fisheries Actof Canada and Section 40 of the Regulations under the Migratory BirdsConvention Act which refer to the pollution of waters with special referenceto the effect upon fish and migratory birds.

65. TREATY 3 BETWEEN THE UNITED STATES OF AMERICAAND CANADA RELATING TO COOPERATIVE DEVELOP-MENT OF THE WATER RESOURCES OF THE COLUMBIARIVER BASIN AND ANNEXES, SIGNED AT WASHINGTON,JANUARY 17, 19614

The Governments of the United States of America and Canada,Recognizing that their peoples have, for many generations, lived together

and cooperated with one another in many aspects of their national enterprisesfor the greater wealth and happiness of their respective nations, and

Recognizing that the Columbia River basin, as a part of the territory

1 Came into force on 27 February 1959, by the exchange of the said Notes.2 United Nations, Treaty Series, vol. 341, p. 4. Similar dispositions are contained

in the Exchange of Notes of 23 July and 26 October 1956 and 26 February 1957(Detroit River Section of the Great Lakes connecting channel) [United Nations,Treaty Series, vol. 279, p. 1793 and of 30 November 1956 and 8 and 9 April 1957(St. Mary's River and St. Clair River Sections of the Great Lakes ConnectingChannels) [Ibid., vol. 283, p. 218].

3 This treaty has not yet been ratified by any contracting Parties.67th Congress, 1st Session, Senate, Executive C, p. 12.

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of both countries, contains water resources that are capable of contributinggreatly to the economic growth and strength and to the general welfare ofthe two nations, and

Being desirous of achieving the development of those resources in amanner that will make the largest contribution to the economic progressof both countries and to the welfare of their peoples of which those re-sources are capable, and

Recognizing that the greatest benefit to each country can be secured bycooperative measures for hydroelectric power generation and flood control,which will make possible other benefits as well,

Have agreed as follows:

ARTICLE I

Interpretation

(1) In the Treaty, the expression(a) " average critical period load factor " means the average of the

monthly load factors during the critical stream flow period;(b) " base system " means the plants, works and facilities listed in the

table in Annex B as enlarged from time to time by the installation of ad-ditional generating facilities, together with any other plants, works orfacilities which may be constructed on the main stem of the ColumbiaRiver in the United States of America;

(c) " Canadian storage " means the storage provided by Canada underArticle II;

(d) " critical stream flow period " means the period, beginning withthe initial release of stored water from full reservoir conditions and endingwith the reservoirs empty, when the water available from reservoir releasesplus the natural stream flow is capable of producing the least amount ofhydroelectric power in meeting system load requirements;

(e) " consumptive use " means use of water for domestic, municipal,stock-water, irrigation, mining or industrial purposes but does not includeuse for the generation of hydroelectric power;

(f) " dam " means a structure to impound water, including facilitiesfor controlling the release of the impounded water;

(g) " entity " means an entity designated by either the United Statesof America or Canada under Article XIV and includes its lawful successor;

(h) " International Joint Commission " means the Commission estab-lished under Article VII of the Boundary Waters Treaty, 1909, or anybody designated by the United States of America and Canada to succeedto the functions of the Commission under this Treaty;

(i) " maintenance curtailment " means an interruption or curtailmentwhich the entity responsible therefor considers necessary for purposes ofrepairs, replacements, installations of equipment, performance of othermaintenance work, investigations and inspections;

(j) " monthly load factor " means the ratio of the average load for amonth to the integrated maximum load over one hour during that month;

(k) " normal full pool elevation " means the elevation to which wateris stored in a reservoir by deliberate impoundment every year, subject tothe availability of sufficient flow;

(1) " ratification date " means the day on which the instruments ofratification of the Treaty are exchanged;

(m) " storage " means the space in a reservoir which is usable forimpounding water for flood control or for regulating stream flows for hydro-electric power generation;

(n) " Treaty " means this Treaty and its Annexes A and B;(o) " useful life " means the time between the date of commencement

of operation of a dam or facility and the date of its permanent retirementfrom service by reason of obsolescence or wear and tear which occurs not-withstanding good maintenance practices.

(2) The exercise of any power, or the performance of any duty, underthe Treaty does not preclude a subsequent exercise or performance of thepower or duty.

ARTICLE II

Development by Canada

(1) Canada shall provide in the Columbia River basin in Canada15,500,000 acre-feet of storage usable for improving the flow of the ColumbiaRiver.

(2) In order to provide this storage, which in the Treaty is referred toas the Canadian storage, Canada shall construct dams:

(a) On the Columbia River near Mica Creek, British Columbia, withapproximately 7,000,000 acre-feet of storage;

(b) Near the outlet of Arrow Lakes, British Columbia, with approxi-mately 7,100,000 acre-feet of storage; and

(c) On one or more tributaries of the Kootenay River in British Colum-bia downstream from the Canada-United States of America boundarywith storage equivalent in effect to approximately 1,400,000 acre-feet ofstorage near Duncan Lake, British Columbia.

(3) Canada shall commence construction of the dams as soon as possibleafter the ratification date.

ARTICLE III

Development by the United States of America respecting power

(1) The United States of America shall maintain and operate thehydroelectric facilities included in the base system and any additionalhydroelectric facilities constructed on the main stem of the ColumbiaRiver in the United States of America in a manner that makes the mosteffective use of the improvement in stream flow resulting from operationof the Canadian storage for hydroelectric power generation in the UnitedStates of America power system.

(2) The obligation in paragraph (1) is discharged by reflecting inthe determination of downstream power benefits to which Canada isentitled the assumption that the facilities referred to in paragraph (1)were maintained and operated in accordance therewith.

ARTICLE. IV'

Operation by Canada

(1) For the purpose of increasing hydroelectric power generation inthe United States of America and Canada, Canada shall operate theCanadian storage in accordance with Annex A and pursuant to hydro-electric operating plans made thereunder. • For the purposes of this obliga-tion an operating plan if it is either the first operating plan or if in the viewof either the United States of America or Canada it departs substantiallyfrom the immediately preceding operating plan must, in order to be effective,be confirmed by an exchange of notes between the United States of Americaand Canada.

(2) For the purpose of flood control' until the expiration of sixty yearsfrom the ratification date, Canada shall

(a) Operate in accordancewith Annex A and pursuant to flood controloperating plans made thereunder

,(i) 80,000 acre-feet of the Canadian storage described in Article 11(2) (a),(ii) 7,100,000 acre-feet of the Canadian storage described in Arti-

cle 11 (2)(b),(iii) 1,270,000 acre-feet of the Canadian storage described in Arti-

cle 11 (2) (c),provided that the Canadian entity may exchange flood control storageunder subparagraph (ii) for flood control storage additional to that undersubparagraph (i), at the location described in Article I1(2) (a), if the entitiesagree that the exchange would provide the same effectiveness for controlof floods on the Columbia River at the Dalles, Oregon;

(b) Operate any additional storage in the Columbia River basin inCanada, when called upon by an entity designated by the United States ofAmerica for that purpose, within the limits of existing facilities and as theentity requires to meet flood control needs for the duration of the flood periodfor which the call is made.

(3) For the purpose of flood control after the expiration of sixty yearsfrom the ratification date, and for so long as the flows in the ColumbiaRiver in Canada continue to contribute to potential flood hazard in theUnited States of America, Canada shall, when called upon by an entitydesignated by the United States of.America for that purpose, operate withinthe limits of existing facilities any storage in the Columbia River basin inCanada as the entity requires to meet flood control needs for the durationof the flood period for which the call is made.

(4) The return to Canada for hydroelectric operation and the com-pensation to Canada for flood control operation shall be as set out in Ar-ticles V and VI.

(5) Any water resource development, in addition to the. Canadianstorage, constructed in Canada after the ratification date shall not beoperated in a way that adversely affects the stream flow control in theColumbia River within Canada so as to reduce the flood control andhydroelectric power benefits which the operation of the Canadian storagein accordance with the operating plans in force from' time to time wouldotherwise produce.

(6) As soon as any Canadian storage becomes operable Canada shallcommence operation thereof in accordance with this Article and in anyevent shall commence full operation of the Canadian storage described inArticle II(2)(b) and Article II(2)(c) within five years of the ratificationdate and shall commence full operation of the balance of the Canadianstorage within nine years of the ratification date.

ARTICLE V

Entitlement to downstream power benefits

(1) Canada is entitled to one half the downstream power benefitsdetermined under Article VII.

(2) The United States of America shall deliver to Canda at a pointon the Canada-United States of America boundary near Oliver, BritishColumbia, or at such other place as the entities may agree upon, the down-stream power benefits to which Canada is entitled, less

(a) Transmission loss,(b) The portion of the entitlement disposed of under Article VIII(l),

and(c) The energy component described in Article VIII(4).(3) The entitlement of Canada to downstream power benefits begins

for any portion of Canadian storage upon commencement of its operationin accordance with Annex A and pursuant to a hydro-electric operating planmade thereunder.

ARTICLE VI

Payment for flood control

(1) For the flood control provided by Canada under Article VI (2) (a)the United States of America shall pay Canada in United States funds:

(a) 1,200,000 dollars upon the commencement of operation of thestorage referred to in subparagraph (a) (i) thereof,

(b) 52,100,000 dollars upon the commencement of operation of thestorage referred to in subparagraph (a)(ii) thereof, and

(c) 11,100,000 dollars upon the commencement of operation of thestorage referred to in subparagraph (a) (iii) thereof.

(2) If full operation of any storage is not commenced within the timespecified in Article IV, the amount set forth in paragraph (1) of this Ar-ticle with respect to that storage shall be reduced as follows:

(a) under paragraph (1) (a), 4,500 dollars for each month beyond therequired time.

(b) Under paragraph (1) (b), 192,100 dollars for each month beyond therequired time, and

(c) Under paragraph (1) (c), 40,800 dollars for each month beyond therequired time.

(3) For the flood control provided by Canada under Article IV(2) (b)the United States of America shall pay Canada in United States fundsin respect only of each of the first four flood periods for which a call is

made 1,875,000 dollars and shall deliver to Canada in respect of each andevery call made, electric power equal to the hydroelectric power lost byCanada as a result of operating the storage to meet the flood control needfor which the call was made, delivery to be made when the loss of hydro-electric power occurs.

(4) For each flood period for which flood control is provided byCanada under Article IV(3) the United States of America shall payCanada in United States funds:

(a) The operating cost incurred by Canada in providing the floodcontrol, and

(b) Compensation for the economic loss to Canada arising directlyfrom Canada foregoing alternative uses of the storage used to provide theflood control.

(5) Canada may elect to receive in electric power, the whole or anyportion of the compensation under paragraph (4)(b) representing loss ofhydroelectric power to Canada.

ARTICLE VII

Determination of downstream power benefits

(1) The downstream power benefits shall be the difference in thehydroelectric power capable of being generated in the United States ofAmerica with and without the use of Canadian storage, determined inadvance, and is referred to in the Treaty as the downstream power benefits.

(2) For the purpose of determining the downstream power benefits:(a) The principles and procedures set out in Annex B shall be used and

followed;(b) The Canadian storage shall be considered as next added to

13,000,000 acre-feet of the usable storage listed in Column 4 of the table inAnnex B;

(c) The hydroelectric facilities included in the base system shall beconsidered as being operated to make the most effective use for hydroelectricpower generation of the improvement in stream flow resulting from opera-tion of the Canadian storage.

(3) The downstream power benefits to which Canada is entitled shallbe delivered as follows:

(a) Dependable hydroelectric capacity as scheduled by the Canadianentity, and

(b) Average annual usable hydroelectric energy in equal amounts eachmonth, or in accordance with a modification agreed upon under para-graph (4).

(4) Modification of the obligation in paragraph (3) (b) may be agreedupon by the entities.

ARTICLE VIII

Disposal of entitlement to downstream power benefits

(1) With the authorization of the United States of America and Canada

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evidenced by exchange of notes, portions of the downstream power benefitsto which Canada is entitled may be disposed of within the United Statesof America. The respective general conditions and limits within whichthe entities may arrange initial disposals shall be set out in an exchange ofnotes to be made as soon as possible after the ratification date.

(2) The entities may arrange and carry out exchanges of dependablehydroelectric capacity and average annual usable hydroelectric energyto which Canada is entitled for average annual usable hydroelectric energyand dependable hydroelectric capacity respectively.

(3) Energy to which Canada is entitled may not be used in the UnitedStates of America except in accordance with paragraphs (1) and (2).

(4) The bypassing at dams on the main stem of the Columbia River inthe United States of America of an amount of water which could produceusable energy equal to the energy component of the downstream powerbenefits to which Canada is entitled but not delivered to Canada underArticle V or disposed of in accordance with paragraphs (1) and (2) at the timethe energy component was not so delivered or disposed of, is conclusive evi-dence that such energy component was not used in the United States of Ameri-ca and that the entitlement of Canada to such energy component is satisfied.

ARTICLE IX

Variation of entitlement to downstream power benefits

(1) If the United States of America considers with respect to anyhydroelectric power project planned on the main stem of the ColumbiaRiver between Priest Rapids Dam and McNary Dam that the increasein entitlement of Canada to downstream power benefits resulting fromthe operation of the project would produce a result which would notjustify the United States of America in incurring the costs of constructionand operation of the project, the United States of America and Canada atthe request of the United States of America shall consider modification of theincrease in entitlement.

(2) An agreement reached for the purposes of this Article shall beevidenced by an exchange of notes.

ARTICLE X

East-West standby transmission

(1) The United States of America shall provide in accordance withgood engineering practice east-west standby transmission service adequateto safeguard the transmission from Oliver, British Columbia, to Van-couver,. British Columbia, of the downstream power benefits to whichCanada is entitled and to improve system stability of the east-west circuitsin British Columbia.

(2) In consideration of the standby transmission service, Canada shallpay the United States of America in Canadian funds the equivalent of 1.50United States dollars a year for each kilowatt of dependable-hydroelectric ca-pacity included in the downstream power benefits to which Canada isentitled.

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(3) When a mutually satisfactory electrical coordination arrangementis entered into between the entities and confirmed by exchange of notesbetween the United States of America and Canada the obligation of Canadain paragraph (2) ceases.

ARTICLE XI

Use of improved stream flow

(1) Improvement in stream flow in one country brought about byoperation of storage constructed under the Treaty in the other countryshall not be used directly or indirectly for hydroelectric power purposesexcept:

(a) In the case of use within the United States of America with theprior approval of the United States entity, and

(b) In the case of use within Canada with the prior approval of theauthority in Canada having jurisdiction.

(2) The approval required by this Article shall not be given exceptupon such conditions, consistent with the Treaty, as the entity or authorityconsiders appropriate.

ARTiCLE XII

Kootenai river development

(1) The United States of America for a period of five years from theratification date, has the option to commence construction of a dam on theKootenai River near Libby, Montana, to provide storage to meet floodcontrol and other purposes in the United States of America. The storagereservoir of the dam shall not raise the level of the Kootenai River at theCanada-United States of America boundary above an elevation consistentwith-a normal full pool elevation at the dam of 2,459 feet, United StatesCoast and Geodetic Survey datum, 1929 General Adjustment, 1947 Inter-national Supplemental Adjustment.

(2) All benefits which occur in either country from the constructionand operation of the storage accrue to the country in which the benefitsoccur.

(3) The United States of America shall exercise its option by writtennotice to Canada and shall submit with the notice a schedule of construc-tion which shall include provision for commencement of. construction,whether by way of railroad relocation work or otherwise, within five yearsof the ratification date.

(4) If the United States of America exercises its option, Canada inconsideration of the benefits accruing to it under paragraph (2) shallprepare and make available for flooding the land in Canada necessaryfor the storage reservoir of the dam within a period consistent with the con-struction schedule.

(5) If a variation in the operation of the storage is considered byCanada to be of advantage to it the United States of America shall,upon request, consult with Canada. If the United States of America deter-

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mines that the variation would not be to its disadvantage it shall vary theoperation accordingly.

(6) The operation of the storage by the United States of Americashall be consistent with any order of approval which may be in force fromtime to time relating to the levels of Kootenay Lake made by the Inter-national Joint Commission under the Boundary Waters Treaty, 1909.

(7) Any obligation of Canada under this Article ceases if the UnitedStates of America, having exercised the option, does not commence con-struction of the dam in accordance with the construction schedule.

(8) If the United States of America exercises the option it shall com-mence full operation of the storage within seven years of the date fixed inthe construction schedule for commencement of construction.

(9) If Canada considers that any portion of the land referred to inparagraph (4) is no longer needed for the purpose of this Article the UnitedStates of America and Canada, at the request of Canada, shall considermodification of the obligation of Canada in paragraph (4).

(10) If the Treaty is terminated before the end of the useful life ofthe dam Canada shall for the remainder of the useful life of the dam con-tinue to make available for the storage reservoir of the dam any portionof the land made available under paragraph (4) that is not required byCanada for purposes of diversion of the Kootenay River under Article XIII.

ARTICLE XIII

Diversions

(1) Except as provided in this Article neither the United States ofAmerica nor Canada shall, without the consent of the other evidencedby an exchange of notes, divert for any use, other than a consumptiveuse, any water from its natural channel in a way that alters the flow ofany water as it crosses the Canada-United States of America boundarywithin the Columbia River basin.

(2) Canada has the right, after the expiration of twenty years fromthe ratification date, to divert not more than 1,500,000 acre-feet of watera year from the Kootenay River in the vicinity of Canal Flats, BritishColumbia, to the headwaters of the Columbia River, provided that thediversion does not reduce the flow of the Kootenay River immediatelydownstream from the point of diversion below the lesser of 200 cubic feetper second or the natural flow.

(3) Canada has the right, exercisable at any time during the periodcommencing sixty years after the ratification date and expiring one hundredyears after the ratification date, to divert to the headwaters of the Colum-bia River any water which, in its natural channel, would flow in the Koote-nay River across the Canada-United States of America boundary, providedthat the diversion does not reduce the flow of the Kootenay River at theCanada-United States of America boundary near Newgate, British Co-lumbia, below the lesser of 2,500 cubic feet per second or the natural flow.

(4) During the last twenty years of the period within which Canada mayexercise the right to divert described in paragraph (3) the limitation ondiversion is the lesser of 1,000 cubic feet per second or the natural flow.

(5) Canada has the right:(a) If the United States of America does not exercise the option in

Article XII(1), or(b) If it is determined that the United States of America, having exer-

cised the option, did not commence construction of the dam referred to inArticle XII in accordance therewith or that the United States of Americais in breach of the obligation in that Article to commence full operation ofthe storage,to divert to the headwaters of the Columbia River any water which, in itsnatural channel, would flow in the Kootenay River across the Canada-United States of America boundary, provided that the diversion does notreduce the flow of the Kootenay River at the Canada-United States ofAmerica boundary near Newgate, British Columbia, below the lesser of1,000 cubic feet per second or the natural flow.

(6) If a variation in the use of the water diverted under paragraph(2) is considered by the United States of America to be of advantage to itCanada shall, upon request, consult with the United States of America.If Canada determines that the variation would not be to its disadvantage itshall vary the use accordingly.

ARTICLE XIV

Arrangements for implementation

(1) The United States of America and Canada shall each, as soonas possible after the ratification date, designate entities and when so desig-nated the entities are empowered and charged with the duty to formulateand carry out the operating arrangements necessary to implement theTreaty. Either the United States of America or Canada may designateone or more entities. If more than one is designated the powers and dutiesconferred upon the entities by the Treaty shall be allocated among them inthe designation.

(2) In addition to the powers and duties dealt with specifically else-where in the Treaty the powers and duties of the entities include:

(a) Coordination of plans and exchange of information relating tofacilities to be used in producing and obtaining the benefits contemplatedby the Treaty,

(b) Calculation of and arrangements for delivery of hydroelectricpower to which Canada is entitled for providing flood control,

(c) Calculation of the amounts payable to the United States of Americafor standby transmission services,

(d) Consultation on requests for variations made pursuant to Arti-cles XII(5) and XIII(6),

(e) The establishment and operation of a hydrometeorological systemas required by Annex A,

(f) Assisting and cooperating with the Permanent Engineering Boardin the discharge of its functions,

(g) Periodic calculation of accounts,(h) Preparation of the hydroelectric operating plans and the flood

control operating plans for the Canadian storage together with determina-tion of the downstream power benefits to which Canada is entitled,

(i) Preparation of proposals to implement Article VIII and carryingout any disposal authorized or exchange provided for therein,

(j) Making appropriate arrangements for delivery to Canada of thedownstream power benefits to which Canada is entitled including suchmatters as load factors for delivery, times and points of delivery, and calcula-tion of transmission loss,

(k) Preparation and implementation of detailed operating plans thatmay produce results more advantageous to both countries than those thatwould arise from operation under the plans referred to in Annexes A and B.

(3) The entities are authorized to make maintenance curtailments.Except in case of emergency, the entity responsible for a maintenancecurtailment shall give notice to the corresponding United States or Cana-dian entity of the curtailment, including the reason therefor and the prob-able duration thereof and shall both schedule the curtailment with a viewto minimizing its impact and exercise due diligence to resume full operation.

(4) The United States of America and Canada may by an exchangeof notes empower or charge the entities with any other matter comingwithin the scope of the Treaty.

ARTICLE XV

Permanent engineering board

(1) A Permanent Engineering Board is established consisting of fourmembers, two to be appointed by Canada and two by the United Statesof America. The initial appointments shall be made within three monthsof the ratification date.

(2) The Permanent Engineering Board shall:(a) Assemble records of the flows of the Columbia River and the Koote-

nay River at the Canada-United States of America boundary;(b) Report to the United States of America and Canada whenever

there is substantial deviation from the hydroelectric and flood controloperating plans and if appropriate include in the report recommendationsfor remedial action and compensatory adjustments;

(c) Assist in reconciling differences concerning technical or operationalmatters that may arise between the entities;

(d) Make periodic inspections, and require reports as necessary fromthe entities with a view to ensuring that the objectives of the Treaty arebeing met;

(e) Make reports to the United States of America and Canada at leastonce a year of the results being achieved under the Treaty and make specialreports concerning any matter which it considers should be brought totheir attention;

(f) Investigate and report with respect to any other matter comingwithin the scope of the Treaty at the request of either the United States ofAmerica or Canada.

(3) Reports of the Permanent Engineering Board made in the courseof the performance of its functions under this Article shall be primafacie

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evidence of the facts therein contained and shall be accepted unless re-butted by other evidence.

(4) The Permanent Engineering Board shall comply with directions,relating to its administration and procedures, agreed upon by the UnitedStates of America and Canada as evidenced by an exchange of notes.

ARTICLE XVI

Settlement of differences

(1) Differences arising under the Treaty which the United Statesof America and Canada cannot resolve may be referred by either to theInternational Joint Commission fbr decision.

(2) If the International Joint Commission does not render a decisionwithin three months of the referral or within such other period as may beagreed upon by the United States of America and Canada, either maythen submit the difference to arbitration by written notice to the other.

(3) Arbitration shall be by a tribunal composed of a member appointedby Canada, a member appointed by the United States of America and amember appointed jointly by the United States of America and Canadawho shall be Chairman. If within six weeks of the delivery of a noticeunder paragraph (2) either the United States of America or Canada hasfailed to appoint its member, of they are unable to agree upon the memberwho is to be Chairman, either the United States of America or Canadamay request the President of the International Court of Justice to appointthe member or members. The decision of a majority of the members ofan arbitration tribunal shall be the decision of the tribunal.

(4) The United States of America and Canada shall accept as defini-tive and binding and shall carry out any decision of the International JointCommission or an arbitration tribunal.

(5) Provision for the administrative support of a tribunal and forremuneration and expenses of its members shall be as agreed in an ex-change of notes between the United States of America and Canada.

(6) The United States of America and Canada may agree by an ex-change of notes on alternative procedures for settling differences arisingunder the Treaty including reference of any difference to the InternationalCourt of Justice for decision.

ARTICLE XVII

Restoration of pre-treaty legal status

(1) Nothing in this Treaty and no action taken or foregone pursuantto its provisions shall be deemed, after its termination or expiration, tohave abrogated or modified any of the rights or obligations of the UnitedStates of America or Canada under then existing international law, withrespect to the uses of the water resources of the Columbia River basin.

(2) Upon termination of this Treaty, the Boundary Waters Treaty,1909, shall, if it has not been terminated, apply to the Columbia Riverbasin, except insofar as the provisions of that Treaty may be inconsistentwith any provision of this Treaty which continues in effect.

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(3) Upon termination of this Treaty, if the Boundary Waters Treaty,1909, has been terminated in accordance with Article XIV of that Treaty,the provisions of Article II of that Treaty shall continue to apply to thewaters of the Columbia River basin.

(4) If, upon the termination of this Treaty, Article II of the Boun-dary Waters Treaty, 1909, continues in force by virtue of paragraph (3)of this Article the effect of Article II of that Treaty with respect to theColumbia River basin may be terminated by either the United States ofAmerica or Canada delivering to the other one year's written notice to thateffect; provided however that the notice may be given only after the termina-tion of this Treaty.

(5) If, prior to the termination of this Treaty, Canada undertakesworks usable for and relating to a diversion of water from the ColumbiaRiver basin, other than works authorized by or undertaken for the purposeof exercising a right under Article XIII or any other provision of thisTreaty, paragraph (3) of this Article shall cease to apply one year afterdelivery by either the United States of America or Canada to the other ofwritten notice to that effect.

ARTICLE XVIII

Liability for damage

(1) The United States of America and Canada shall be liable to theother and shall make appropriate compensation to the other in respect ofany act, failure to act, omission or delay amounting to a breach of the Treatyor of any of its provisions other than an act, failure to act, omission ordelay occurring by reason of war, strike, major calamity, act of God, un-controllable force or maintenance curtailment.

(2) Except as provided in paragraph (1) neither the United Statesof America nor Canada shall be liable to the other or to any person in res-pect of any injury, damage or loss occurring in the territory of the othercaused by any act, failure to act, omission or delay under the Treaty whetherthe injury, damage or loss results from negligence or otherwise.

(3) The United States of America and Canada, each to the extentpossible within its territory, shall exercise due diligence to remove the causeof and to mitigate the effect of any injury, damage or loss occurring in theterritory of the other as a result of any act, failure to act, omission or delayunder the Treaty.

(4) Failure to commence operation as required under Articles IVand XII is not a breach of the Treaty and does not result in the loss ofrights under the Treaty if the failure results from a delay that is not wilfulor reasonably avoidable.

(5) The compensation payable under paragraph (1):(a) In respect of a breach by Canada of the obligation to commence full

operation of a storage, shall be forfeiture of entitlement to downstreampower benefits resulting from the operation of that storage, after operationcommences, for a period equal to the period between the day of com-mencement of operation and the day when commencement should haveoccurred;

(b) In respect of any other breach by either the United States of Ame-

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rica or Canada, causing loss of power benefits, shall not exceed the actualloss in revenue from the sale of hydroelectric power.

ARTICLE XIX

Period of treaty

(1) The Treaty shall come into force on the ratification date.

(2) Either the United States of America or Canada may terminatethe Treaty other than Article XIII (except paragraph (1) thereof), Arti-cle XVII and this Article at any time after the Treaty has been in force forsixty years if it has delivered at least ten years' written notice to the otherof its intention to terminate the Treaty.

(3) If the Treaty is terminated before the end of the useful life of adam built under Article XII then, notwithstanding termination, ArticleXII remains in force until the end of the useful life of the dam.

(4) If the Treaty is terminated before the end of the useful life of thefacilities providing the storage described in Article IV(3) and if the condi-tions described therein exist then, notwithstanding termination, ArticlesIV(3) and VI(4) and (5) remain in force until either the end of the usefullife of those facilities or until those conditions cease to exist, whichever isthe first to occur.

ARTICLE XX

Ratification

The instruments of ratification of the Treaty shall be exchanged by theUnited States of America and Canada at Ottawa, Canada.

ARTICLE XXI

Registration with the United Nations

In conformity with Article 102 of the Charter of the United Nations,the Treaty shall be registered by Canada with the Secretariat of the UnitedNations.

This Treaty has been done in duplicate copies in the English language.IN WITNESS WHEREOF the undersigned, duly authorized by their respective

Governments, have signed this Treaty at Washington, District of Columbia,United States of America, this 17th day of January, 1961.

For the United States of America: For Canada:

DWIGHT D. EISENHOWER JOHN G. DIEFENBAKER

President Prime Minister of Canadaof the United States of America E. D. FULTON

CHRISTIAN A. HERTER Minister of JusticeSecretary of State A. D. P. HEENEY

ELMER F. BENNETT Ambassador Extraordinary and Pie-Under Secretary of the Interior nipotentiary of Canada to the United

States of America

ANNEX A - PRINCIPLES OF OPERATION

GENERAL

1. The Canadian storage provided under Article II will be operatedin accordance with the procedures described herein.

2. A hydrometeorological system, including snow courses, precipita-tion stations and streamflow gauges will be established and operated, asmutually agreed by the entities and in consultation with the PermanentEngineering Board, for use in establishing data for detailed programmingof flood control and power operations. Hydrometeorological informationwill be made available to the entities in both countries for immediate andcontinuing use in flood control and power operations.

3. Sufficient discharge capacity at each dam to afford the desiredregulation for power and flood control will be provided through outletworks and turbine installations as mutually agreed by the entities. Thedischarge capacity provided for flood control operations will be large enoughto pass inflow plus sufficient storage releases during the evacuation periodto provide the storage space required. The discharge capacity will beevaluated on the basis of full use of any conduits provided for that purposeplus one half the hydraulic capacity of the turbine installation at the timeof commencement of the operation of storage under the Treaty.

4. The outflows will be in accordance with storage reservation dia-grams and associated criteria established for flood control purposes andwith reservoir-balance relationships established for power operations.Unless otherwise agreed by the entities the average weekly outflows shallnot be less than 3,000 cubic feet per second at the dam described in Article11(2)(a), not less than 5,000 cubic feet per second at the dam describedin Article II(2)(b) and not less than 1,000 cubic feet per second at the damdescribed in Article 11(2)(c). These minimum average weekly releasesmay be scheduled by the Canadian entity as required for power or otherpurposes.

FLOOD CONTROL

5. For flood control operation, the United States entity will submitflood control operating plans which may consist of or include flood controlstorage reservation diagrams and associated criteria for each of the dams.The Canadian entity will operate in accordance with these diagrams orany variation which the entities agree will not derogate from the desiredaim of the flood control plan. The use of these diagrams will be basedon data obtained in accordance with paragraph 2. The diagrams willconsist of relationships specifying the flood control storage reservationsrequired at indicated times of the year for volumes of forecast runoff.After consultation with the Canadian entity the United States entity mayfrom time to time as conditions warrant adjust these storage reservationdiagrams within the general limitations of flood control operation. Evacua-tion of the storages listed hereunder will be guided by the flood controlstorage reservation diagrams and refill will be as requested by the UnitedStates entity after consultation with the Canadian entity. The generallimitations of flood control operation are as follows:

(a) The Dam described in Article H(2) (a) - The reservoir will be evacuated

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to provide up to 80,000 acre-feet of storage, if required, for flood controluse -by May 1 of each year.

(b) The Dam described in Article 11(2) (b) -The reservoir will be eva-cuated to provide up to 7,100,000 acre-feet of storage, if required, for floodcontrol use by May 1 of each year.

(c) The Dam described in Article 11(2) (c) - The reservoir will be eva-cuated to provide up to 700,000 acre-feet of storage, if required, for floodcontrol use by April 1 of each year and up to 1,270,000 acre-feet of storage,if required, for flood control use by May 1 of each year.• (d) The Canadian entity may exchange flood control storage providedin the reservoir referred to in subparagraph (b) for additional storageprovided in the reservoir referred to in subparagraph (a) if the entitiesagree that the exchange would provide the same effectiveness for controlof floods on the Columbia River at The Dalles, Oregon.

POWER

6. For power generating purposes the 15,500,000 acre-feet of Canadianstorage will be operated in accordance with operating plans designed toachieve optimum power generation downstream in the United States ofAmerica until such time as power generating facilities are installed at thesite referred to in paragraph 5(a) or at sites in Canada downstream there-from.

7'. After at-site power is developed at the site referred to in paragraph5(a) or power generating facilities are placed in operation in Canada down-stream from that site, the storage operation will be changed so as to beoperated in accordance with operating plans designed to achieve optimumpower generation at-site in Canada and downstream in the United Statesof America and Canada, including consideration of any agreed electricalcoordination between the two countries. Any reduction in the downstreampowei benefits in the United States of America resulting from that changein operation of the Canadian storage shall not exceed in any one year thereduction in downstream power benefits in the United States of Americawhich would result from reducing by 500,000 acre-feet the Canadian storageoperated to achieve optimum power generation in the United Statesof America and shall not exceed at any time during the period of the Treatythe reduction in downstream power benefits in the United States of Americawhich would result from similarly reducing the Canadian storage by3,000,000 acre-feet.

8. After at-site power is developed at the site referred to in paragraph5(a) or power generating facilities are placed in operation in Canadadownstream from that site, storage may be operated to achieve optimumgeneration of power in the United States of America alone if mutuallyagreed by the entities in which event the United States of America shall

.supply power to Canada to offset any reduction in Canadian generationwhich would be created as a result of such operation as compared to opera-tion to achieve optimum power generation at-site in Canada and down-stream in the United States of America and Canada. Similarly, the-storagemay be operated to achieve optimum generation of power in Canada aloneif mutually agreed by the entities in which event Canada shall supplypower to the United States of America to offset any reduction in .UnitedStates generation which would be created as a result of such operation as

222

compared to operation to achieve optimum power generation at-sitein Canada and downstream in the United States of America and Canada.

9. Before the first storage becomes operative, the entities will agreeon operating plans and the resulting downstream power benefits for eachyear until the total of 15,500,000 acre-feet of storage in Canada becomesoperative. In addition, commencing five years before the total of 15,500,000acre-feet of storage is expected to become operative, the entities will agreeannually on operating plans and the resulting downstream power benefitsfor the sixth succeeding year of operation thereafter. This procedure willcontinue during the life of the Treaty, providing to both the entities, inadvance, an assured plan of operation of the Canadian storage and a deter-mination of the resulting downstream power benefits for the next succeedingfive years.

ANNEX B-DETERMINATION OF DOWNSTREAM POWER BENEFITS

1. The downstream power benefits in the United States of Americaattributable to operation in accordance with Annex A of the storage pro-vided by Canada under Article II will be determined in advance andwill be the estimated increase in dependable hydroelectric capacity inkilowatts for agreed critical stream flow periods and the increase in averageannual usable hydroelectric energy output in kilowatt hours on the basis ofan agreed period of stream flow record.

2. The dependable hydroelectric capacity to be credited to Canadianstorage will be the difference between the average rates of generationin kilowatts during the appropriate critical stream flow periods for theUnited States of America base system consisting of the projects listedin the table, with and without the addition of the Canadian storage, di-vided by the estimated average critical period load factor. The capacitycredit shall not exceed the difference between the capability of the basesystem without Canadian storage and the maximum feasible capability ofthe base system with Canadian storage, to supply firm load during thecritical stream flow periods.

3. The increase in the average annual usable hydroelectric energy willbe determined by first computing the difference between the availablehydroelectric energy at the United States base system with and withoutCanadian storage. The entities will then agree upon the part of availableenergy which is usable with and without Canadian storage, and the differ-ence thus agreed will be the increase in average annual usable hydroelectricenergy. Determination of the part of the energy which is usable willinclude consideration of existing and scheduled transmission facilities andthe existence of markets capable of using the energy on a contractual basissimilar to the then existing contracts. The part of the available energywhich is considered usable shall be the sum of:

(a) The firm energy,(b) The energy which can be used for thermal power displacement

in the Pacific Northwest Area as defined in Paragraph 7, and(c) The amount of the remaining portion of the available energy which

is agreed by the entities to be usable and which shall not exceed in any event40% of that remainder.

4. An initial determination of the estimated downstream power benefits

223

in the United States of America from Canadian storage added to the UnitedStates base system will be made before any of the Canadian storage be-comes operative. This determination will include estimates of the down-stream power benefits for each year until the total of 15,500,000 acre-feetof Canadian storage becomes operative.

5. Commencing five years before the total of 15,500,000 acre-feetof storage is expected to become operative, estimates of downstream powerbenefits will be calculated annually for the sixth succeeding year on thebasis of the assured plan of operation for that year.

6. The critical stream flow period and the details of the assured planof operation will be agreed upon by the entities at each determination.Unless otherwise agreed upon by the entities, the determination of thedownstream power benefits shall be based upon stream flows for the twentyyear period beginning with July 1928 as contained in the report entitledModified Flows at Selected Powers Sites-Columbia River Basin, dated June 1957.No retroactive adjustment in downstream power benefits will be made atany time during the period of the Treaty. No reduction in the downstreampower benefits credited to Canadian storage will be made as a result of theload estimate in the United States of America, for the year for which thedetermination is made, being less than the load estimate for the precedingyear.

7. In computing the increase in dependable hydroelectric capacityand the increase in average annual hydroelectric energy, the procedureshall be in accordance with the three steps described below and shallencompass the loads of the Pacific Northwest Area. The Pacific NorthwestArea, for purposes of these determinations, shall be Oregon, Washington,Idaho and Montana west of the Continental Divide but shall excludeareas served on the ratification date by the California Oregon Power Com-pany and Utah Power and Light Company.

Step I

The system for the period covered by the estimate will consist of theCanadian storage, the United States base system, any thermal installationoperated in coordination with the base system, and additional hydro-electric projects which will provide storage releases usable by the basesystem or which will use storage releases that are usable by the base system.The installations included in this system will be those required, with allow-ance for adequate reserves, to meet the forecast power load to be servedby this system in the United States of America, including the estimatedflow of power at points of inter-connection with adjacent areas, sub-ject to paragraph 3, plus the portion of the entitlement of Canada that is ex-pected to be used in Canada. The capability of this system to supply thisload will be determined on the basis that the system will be operated in ac-cordance with the established operating procedures of each of the projectsinvolved.

Step II

A determination of the energy capability will be made using the samethermal installation as in Step I, the United States base system with thesame installed capacity as in Step I and Canadian storage.

224

Step III

A similar determination of the energy capability will be made usingthe same thermal installation, as in Step I and the United States base systemwith the same installed capacity as in Step L

8. The downstream power benefits to be credited to Canadian storagewill be the differences between the determinations in Step II and Step IIIin dependable hydroelectric capacity and in average annual usable hydro-electric energy, made in accordance with paragraphs 2 and 3.

Chile-Peru

66. TREATY' BETWEEN CHILE AND PERU FOR THE SETTLE-MENT OF THE DISPUTE REGARDING TACNA AND ARICA,SIGNED AT LIMA, JUNE 3, 19292

Article 1. The dispute arising out of Article 3 of the Treaty of Peaceand Friendship of the twentieth day of October of the year one thousandeight hundred and eighty-three, which was the only difficulty outstandingbetween the signatory Governments, is hereby finally settled.

Article 2. The territory of Tacna and Arica shall be divided into twoportions, of which Tacna shall be allotted to Peru and Arica to Chile...Chile cedes to Peru in perpetuity all her rights over the irrigation-channelsUchusuma and the Mauri (also known as Azucarero), without prejudiceto the sovereignty she will be entitled to exercise over such part of theabove-mentioned aqueducts as may come within Chilean territory afterthe tracing of the dividing line mentioned in the present Article. In respectof both channels, Chile grants to Peru a perpetual and absolute easementover the sections which pass through Chilean territory. Such easementshall include the right to widen the present channels, to change their courseand to utilize all the water that may be collected in their passage throughChilean territory, except the waters that at present flow into the river Llutaand those which are used in the Tacora sulphur mines.

Article 12. If the Governments of Chile and Peru disagree as to theinterpretation of any of the provisions of this Treaty, and if, in spite oftheir goodwill, they can reach no agreement, the dispute shall be settledby the President of the United States of America.

* The exchange of ratifications took place at Santiago de Chile, July 28, 1929.2 League of Nations, Treaty Series, vol. 94, p. 402.

Colombia-Venezuela

67. STATUTE1 BETWEEN COLOMBIA AND VENEZUELA REGU-LATING THE FRONTIER REGIME. CARACAS, AUGUST 5,19422

Article 22. Fishing rights may not be exercised beyond the centre-lineof rivers and non-navigable streams.

Article 23. It shall be forbidden to divide the frontier waters by meansof fixed nets or by any other device which shall impede the free passage offish from one bank to the other.

It shall equally be forbidden to fish by means of explosive, poisonous ornoxious substances, or to use any other methods of catching fish, except byfish-hooks.

Dominican Republic-Haiti

68. TRAIT2 3 DE PAIX, D'AMITII, ET D'ARBITRAGE ENTRELA RtRPUBLIQUE DOMINICAINE ET LA RtRPUBLIQUED'HAITI, SIGNt A SAINT-DOMINGUE, LE 20 FIVRIER 19294

Article 10. En raison de ce que des rivires et autres cours d'eaunaissent sur le territoire d'un des deux Etats, traversent sur le territoire del'autre ou leur servent de limites, les deux Hautes Parties contractantess'engagent A ne faire ni consentir aucun ouvrage susceptible soit de changerle cours naturel de ces eaux, soit d'altdrer le debit de leurs sources.

Cette disposition ne pourra s'interpr6ter de manire A priver l'un oul'autre des deux Etats du droit d'user d'une manire juste et 6quitable,dans les limites de leurs territoires respectifs, des dites rivires et autrescours d'eau pour l'arrosage des terres et autres fins agricoles et industrielles.

Ecuador-Peru

69. DECLARATION AND EXCHANGE OF NOTES5 CONCERNINGTHE TERMINATION OF THE PROCESS OF DEMARCATIONOF THE PERUVIAN-ECUADOREAN FRONTIER. LIMA/QUITO, MAY 22-24, 19446

It is with the deepest patriotic satisfaction that the Government dischargesthe very pleasant duty of announcing to the country, as stated in the com-

1 The exchange of ratifications took place on 22 February 1944.2 British and Foreign State Papers, vol. 144, p. 1127.3 L'6change des ratifications a eu lieu h Saint-Domingue, le ler juillet 1929.4 Socit6 des Nations, Recueil des Traitis, vol. 105, p. 216.5 Came into force on 24 May 1944, by the exchange of the said Notes.6 British and Foreign State Papers, vol. 145, p. 566.

muniqu6 of the 20th inst., that the process of demarcation of the Peruvian-Ecuadorean frontier has been brought to a conclusion, with the faithfuland strict execution of the Protocol of Peace, Friendship and Boundariessigned between Peru and Ecuador in Rio de Janeiro on January 29, 1942,1which determined the boundary line between the two countries.

The negotiations have achieved complete success, and owing to the intel-ligent and wise intervention of the distinguished Brazilian Chancellor,H. E. Sr. Oswaldo Aranha, the definite frontier between Peru and Ecuadorhas been determined....

In the Western Section, it has been established that the boundary lineshall pass through the so-called old bed of the River Zarumilla, as far asits outlet into the Hualtaco estuary, all the territory lying in the zone calledthat of the two river beds being included under our sovereignty ...

Peru undertakes, by this agreement, to take the necessary steps within3 years, to guarantee the supply of water necessary for the life of the Ecua-dorean villages on the right bank of the so-called old bed of the river Zaru-milla, fixed as the frontier....

Official notes have to-day been exchanged between the Ministers forForeign Affairs of Peru and Ecuador, expressing the acceptance of the twoGovernments of the results obtained in the negotiations just concluded...

No. 1. The Peruvian Minister for Foreign Affairs to the EcuadoreanMinister for Foreign Affairs

Lima, May 22, 1944Your Excellency:

I have the honour to communicate to Your Excellency that my Govern-ment is in agreement with the formula of H. E. Sr. Oswaldo Aranha,Minister for Foreign Affairs of Brazil, 2 resolving the differences in interpre-tation arising on certain points of the demarcation of the Peruvian-Ecua-dorean frontier which has been in process of execution in accordance withthe Protocol of Peace, Friendship and Boundaries signed in Rio deJaneiro in

I British and Foreign State Papers, vol. 144, p. 1161; American J7ournal of Inter-national Law, vol. 36, 1942, Suppl., p. 168. His Protocol was denounced by thePresident of Ecuador on 1 September 1960. The Government of Peru declaredthat this denunciation did not modify the legal situation created by the Protocolof 29 January 1942.

2 With regard to the utilization of the waters of the River Zarumilla, Sr. Os-waldo Aranha proposed the following solution:

" Peru undertakes to divert, within a period of three years, part of thewaters of the River Zarumilla so that they shall flow along the former bedof the river, in order to provide the Ecuadorian villages situated along itsbanks with the aid essential to their existence, Ecuador retaining joint owner-ship of the waters in accordance with international practice. "

(Informe del Ministro de Relaciones Exteriores a la aacidn, Agosto 1944-7ulio1946, Quito, Ecuador, p. 610.)

227

January 29, 1942. This formula, which has the support of the countriesguaranteeing the fulfilment of the Protocol in question, is contained inthe notes handed over by the Brazilian Chancery, on the 17th instant, tothe Ambassadors of Peru and Ecuador acredited to the Government ofthat Republic.

No. 2. [The Minister for Foreign Affairs of Ecuador handed the note ofacceptance of his Government to the Peruvian Legation, Quito, on May 22,1944.]

El Salvador-Guatemala

70. TREATY1 FOR THE DELIMITATION OF THE BOUNDARYBETWEEN GUATEMALA AND EL SALVADOR, SIGNED ATGUATEMALA, APRIL 9, 19382

Article 2. No change in the bed of frontier rivers, whether due to naturalcauses such as alluvium deposits, landslides, freshets, etc., or to artificialcauses such as the construction of public works, the deepening of channelsfor water-supply, etc., shall affect the frontier as determined at the time ofdemarcation, which shall continue to be the international boundary eventhough a stream may have completely abandoned its original bed.

Each Government reserves the right to utilize half the volume of waterin frontier rivers, either for agricultural or industrial purposes; but in no cir-cumstances may concessions be granted to foreign undertakings or com-panies.

71. TREATYI OF FREE TRADE AND ECONOMIC INTEGRA-TION BETWEEN THE REPUBLIC OF GUATEMALA AND ELSALVADOR, SIGNED AT SAN SALVADOR, ON 14 DECEM-BER 19514

Article 19. The competent authorities of both States shall co-ordinatetheir activities with a view to protecting forest reserves and water resourcesand preventing soil erosion in the frontier regions of their respective terri-tories.

The exchange of ratifications took place at Guatemala, May 24, 1938.2 League of Nations, Treaty Series, vol. 189, p. 276.- Came into force, on 17 May 1952, by the exchange of the instruments of

ratification at Guatemala.4 United Nations, Treaty Series, vol. 131, p. 132.

France-Netherlands

72. CONVENTION' ENTRE LA FRANCE ET LES PAYS-BASPOUR FIXERjCONVENTIONNELLEMENT LA LIMITE EN-TRE LES COLONIES DE LA GUYANE FRANCAISE ET DESURINAM, DANS LA PARTIE DU FLEUVE FRONTILRECOMPRISE ENTRE L'EXTRSMITI SEPTENTRIONALE DEL'ILE NSERLANDAISE STOELMAN. DITE STOELMANSEI-LAND, ET L'EXTRSMITS, MSRIDIONALE DE L'TLEFRAN9AISE PORTAL, SIGNI2E A PARIS, LE 30 SEPTEMBRE19152

Article 3. Aucun ouvrage d'utilit6 publique ou priv6e susceptible demodifier le regime hydrographique ou d'entraver la navigation ou le halagedans les eaux de la partie du fleuve Maroni (Marowijne) dflimite con-form~ment A 'article ler, ne pourra 6tre entrepris sans 'entente prdalabledes deux gouvernements.

Toutefois, un tel accord prdalable ne sera pas exig6 pour 1installationsur 'une quelconque des rives d'appontements, de bassins, de cales, dechenaux et de tous travaux gfnralement quelconques, destines A assurerle libre acc~s de la rive. Les installations de ce genre seront toujours permisessur chaque rive A 'administration publique, ainsi qu'aux b6n6ficiaires deconcessions, A condition que ces derniers se conforment aux r~glements6dict~s par le gouvernement de la nation A laquelle appartient la rive int6-ress6e.

Article 4. Les concessions de dragages sont accordfes de concert par lesdeux gouvernements de la Guyane franqaise et de la colonie de Surinamdans une mme partie du fleuve dlimitee, soit A un solliciteur unique, soitA un groupe unique de solliciteurs, de mani6re que la meme exploitationpuisse s'exercer dans la partie fran~aise et dans la partie nerlandaise deseaux qui sont en regard l'une de 'autre.

Article 5. Les deux puissances s'engagent A d6terminer, aussit6t quepossible, les formes dans lesquelles seront accordees par les deux gouverne-ments les concessions de dragages, ainsi que les obligations qui serontimposfes aux concessionnaires.

I1 sera stipulk dans les concessions de dragages:

1) que toute quantit6 de min6ral extraite dans la partie du fleuve d6li-mitee conform6ment A l'article premier, sera repute provenir pour moiti6des eaux fran~aises, et pour moiti6 des eaux nerlandaises.

2) que les concessionnaires devront acquitter dans l'une et 'autrecolonie tous les droits sur les min~raux 6dictes par les tarifs actuels ou futurs,proportionnellement A la quantit6 de min6ral reput&e extraite des eaux dechaque nation;

1 L'6change des instruments de ratification a eu lieu A Paris, le 6 septembre1916.

2 British and Foreign State Papers, vol. 110, p. 872.

3) que les concessionnaires seront tenus de tolfrer le halage le long dufleuve, et qu'ils devront se conformer A tous les r~glements destines A assurerla libre navigation

Article 6. Les hautes parties contractantes s'engagent As soumettre A laCour permanente d'arbitrage de La Haye les diffrends qui pourraients'6lever entre elles au sujet de l'application ou de l'interpr6tation de lapr~sente convention et qui n'auront pu 6tre r6solus par la voie diplomatique.

Dans chaque cas particulier, les hautes parties contractantes signerontun compromis special d6terminant nettement l'objet du litige, l'6tendue despouvoirs de 'arbitre ou du tribunal arbitral, le mode de sa d6signation, lalangue dont l'arbitre ou le tribunal arbitral fera usage et celles dont l'emploisera autoris6 devant eux, le montant de la somme que chacune des hautesparties contractantes aura h d6poser A titre d'avance pour les frais, ainsique les rhgles A observer en ce qui concerne les formalit~s et les d6lais de laproc6dure.

Guatemala-Honduras

73. TREATY' OF FREE TRADE AND ECONOMIC INTEGRA-TION BETWEEN THE REPUBLICS OF GUATEMALA ANDHONDURAS, SIGNED AT GUATEMALA, ON 22 AUGUST 19562

Article 19. The competent authorities of the two States shall co-ordinatetheir activities with a view to protecting forest reserves and water resourcesand preventing forest fires and soil erosion in the frontier regions of theirrespective territories.

Mexico-United States

74. BOUNDARY CONVENTION3 BETWEEN THE UNITEDSTATES OF AMERICA AND MEXICO, SIGNED AT WASHING-TON, IARCH 1, 18894

... to facilitate the carrying out of the principles contained in the treatyof November 12, 1884, and to avoid the difficulties occasioned by reason of

I Came into force on 28 December 1956 by the exchange of the instrumentsof ratification at Tegucigalpa.

2 United Nations, Treaty Series, vol. 263, p. 66.3 Came into force on 24 December 1890, by the exchange of ratifications.

This Convention has been indefinitely extended according to article 2, para. 1, ofthe Treaty of 3 February 1944 below.

4 Treaties and Conventions between the United States and other powers (Malloy'sCollection), vol. 1, p. 1167.

the changes which take place in the bed of the Rio Grande and that of theColorado river, in that portion thereof where they serve as a boundarybetween the two Republics,...

Article I. All differences or questions that may arise on that portion ofthe frontier between the United States of America and the United Statesof Mexico where the Rio Grande and the Colorado rivers form the boundaryline, whether such differences or questions grow out of alterations or changesin the bed of the aforesaid Rio Grande and that of the aforesaid ColoradoRiver, or of works that may be constructed in said rivers, or of any othercause affecting the boundary line, shall be submitted for examination anddecision to an International Boundary Commission, which shall have ex-clusive jurisdiction in the case of said differences or questions.

Article II. The International Boundary Commission shall be composedof a Commissioner appointed by the President of the United States of Amer-ica, and of another appointed by the President of the United States ofMexico, in accordance with the constitutional provisions of each country,of a Consulting Engineer, appointed in the same manner by each Govern-ment, and of such Secretaries and Interpreters as either Government maysee fit to add to its Commission. Each Government separately shall fix thesalaries and emoluments of the members of its Commission.

Article III. The International Boundary Commission shall not transactany business unless both Commissioners are present. It shall sit on thefrontier of the two contracting countries, and shall establish itself at suchplaces as it may determine upon; it shall, however, repair to places atwhich any of the difficulties or questions mentioned in this convention mayarise, as soon as it shall have been duly notified thereof.

Article IV. When, owing to natural causes, any change shall takeplace in the bed of the Rio Grande or in that of the Colorado River, inthat portion thereof wherein those rivers form the boundary line betweenthe two countries, which may affect the boundary line, notice of thatfact shall be given by the proper local authorities on both sides to theirrespective Commissioners of the International Boundary Commission, onreceiving which notice it shall be the duty of the said Commission to repairto the place where the change has taken place or the question has arisen,to make a personal examination of such change, to compare it with the bedof the river as it was before the change took place, as shown by the surveys,and to decide whether it has occurred through avulsion or erosion, for theeffects of articles I and II of the convention of November 12, 1884; havingdone this, it shall make suitable annotations on the surveys of the boundaryline.

Article V. Whenever the local authorities on any point of the frontierbetween the United States of America and the United States of Mexico, inthat portion in which the Rio Grande and the Colorado River form theboundary between the two countries, shall think that works are being con-structed, in either of those rivers, such as are prohibited by article III of theconvention of November 12, 1884, or by article VII of the treaty of GuadalupeHidalgo of February 2, 1848, they shall so notify their respective Commis-

231

sioners, in order that the latter may at once submit the matter to the Inter-national Boundary Commission, and that said Commission may proceed,in accordance with the provisions of the foregoing article, to examine thecase, and that it may decide whether the work is among the number of thosewhich are permitted, or of those which are prohibited by the stipulationsof those treaties.

The Commission may provisionally suspend the construction of the worksin question pending the investigation of the matter, and if it shall failto agree on this point, the works shall be suspended, at the instance of oneof the two Governments.

Article VI. In either of these cases, the Commission shall make a personalexamination of the matter which occasions the change, the question or thecomplaint, and shall give its decision in regard to the same, in doing whichit shall comply with the requirements established by a body of regulationsto be prepared by the said Commission and approved by both Govern-ments.

Article VIl. The International Boundary Commission shall have powerto call for papers and information, and it shall be the duty of the authoritiesof each of the two countries to send it any papers that it may call for,relating to any boundary question in which it may have jurisdiction in pur-suance of this convention.

The said Commission shall have power to summon any witnesses whosetestimony it may think proper to take, and it shall be the duty of all personsthus summoned to appear before the same and to give their testimony,which shall be taken in accordance with such by-laws and regulations asmay be adopted by the Commission and approved by both Governments. Incase of the refusal of a witness to appear, he shall be compelled to do so,and to this end the Commission may make use of the same means that areused by the courts of the respective countries to compel the attendance ofwitnesses, in conformity with their respective laws.

Article VIII. If both Commissioners shall agree to a decision, theirjudgment shall be considered binding upon both Governments, unless one ofthem shall disapprove it within one month reckoned from the day on whichit shall have been pronounced. In the latter case, both Governments shalltake cognizance of the matter, and shall decide it amicably, bearing con-stantly in mind the stipulation of Article XXI of the treaty of GuadalupeHidalgo of February 2, 1848.

The same shall be the case when the Commissioners shall fail to agreeconcerning the point which occasions the question, the complaint or thechange, in which case each Commissioner shall prepare a report, in writing,which he shall lay before his Government.

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75. CONVENTION 1 BETWEEN THE UNITED STATES OFAMERICA AND MEXICO CONCERNING THE EQUITABLEDISTRIBUTION OF THE WATERS OF THE RIO GRANDEFOR IRRIGATION PURPOSES, SIGNED AT WASHINGTON,MAY 21, 19062

The United States of America and the United States of Mexico beingdesirous to provide for the equitable distribution of the waters of the RioGrande for irrigation purposes, and to remove all causes of controversybetween them in respect thereto, and being moved by considerations ofinternational comity, have resolved to conclude a Convention for thesepurposes....

Article L After the completion of the proposed storage dam near Engle,New Mexico, and the distributing system auxiliary thereto, and as soon aswater shall be available in said system for the purpose, the United Statesshall deliver to Mexico a total of 60,000 acre-feet of water annually, in thebed of the Rio Grande at the point where the head works of the AcequiaMadre, known as the Old Mexican Canal, now exist above the city ofJuarez, Mexico.

Article IL The delivery of the said amount of water shall be assured bythe United States and shall be distributed through the year in the same pro-portions as the water supply proposed to be furnished from the said irri-gation system to lands in the United States in the vicinity of El Paso, Texas,according to the following schedule, as nearly as may be possible:

CorrespondingAcre feet per cubic feet of

month water.January ..... .................. .... 0 0February ...... .................. ... 1,090 47,480,400March .............. ..... . 5,460 237,837,600April ...... .................... ... 12,000 522,720,000May ........ .................... 12,000 522,720,000June ........ .................... 12,000 522,720,000July ...... .................... ... 8,180 356,320,800August ..... ................... .... 4,370 190,357,200September ...... ................. ... 3,270 142,441,200October ........ .................. 1,090 47,480,400November ..... ................. .... 540 23,522,400December .... ................. .... 0 0

Total for the year 60,000 2,613,600,000

In case, however, of extraordinary drought or serious arrident to theirrigation system in the United States, the amount delivered to the MexicanCanal shall be diminished in the same proportion as the water deliveredto lands under said irrigation system in the United States.

I Came into force on 16 January 1907, by the exchange of ratifications.2 De Martens, Nouveau Recueil Giniral des Traitis, 2nd series, vol. XXXV,

p. 461.

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Article III. The said delivery shall be made without cost to Mexico, andthe United States agrees to pay the whole cost of storing the said quantityof water to be delivered to Mexico, of conveying the same to the interna-tional line, of measuring the said water, and of delivering it in the river bedabove the head of the Mexican Canal. It is understood that the UnitedStates assumes no obligation beyond the delivering of the water in the bedof the river above the head of the Mexican Canal.

Article IV. The delivery of water as herein provided is not to be con-strued as a recognition by the United States of any claim on the part ofMexico to the said waters; and it is agreed that in consideration of suchdelivery of water, Mexico waives any and all claims to the waters of theRio Grande for any purpose whatever between the head of the presentMexican Canal and Fort Quitman, Texas, and also declares fully settledand disposed of, and hereby waives, all claims heretofore asserted or existing,or that may hereafter arise, or be asserted, against the United States onaccount of any damages alleged to have been sustained by the owners ofland in Mexico, by reason of the diversion by citizens of the United Statesof waters of the Rio Grande.

Article V. The United States, in entering into this treaty, does notthereby concede, expressly or by implication, any legal basis for any claimsheretofore asserted or which may be hereafter asserted by reason of anylosses incurred by the owners of land in Mexico due or alleged to be due tothe diversion of the waters of the Rio Grande within the United States; nordoes the United States in any way concede the establishment of any generalprinciple or precedent by the concluding of this treaty. The understandingof both parties is that the arrangement contemplated by this treaty extendsonly to the portion of the Rio Grande which forms the international bound-ary, from the head of the Mexican Canal down to Fort Quitman, Texas,and in no other case.

76. CONVENTION 1 BETWEEN THE UNITED STATES OF AMER-ICA AND MEXICO FOR THE RECTIFICATION OF THERIO GRANDE (RIO BRAVO DEL NORTE) IN THE PASO-JUAREZ VALLEY, SIGNED AT MEXICO, FEBRUARY 1, 19332

... having taken into consideration the studies and engineering planscarried on by the International Boundary Commission, and specially directedto relieve the towns and agricultural lands located within the El-Paso-Juarez Valley from flood dangers, and securing at the same time the stabili-zation of the international boundary line, which, owing to the present mean-dering nature of the river it has not been possible to hold within the meanline of its channel; and fully conscious of the great importance involved inthis matter, both from a local point of view as well as from a good interna-tional understanding, have resolved to undertake, in common agreementand cooperation, the necessary works as provided in Minute 129 (dated

Came into force on 10 November 1933, by the exchange of ratifications.2 Treaties and Conventions between the United States and other powers (Malloy's

Collection), vol. IV, p. 4463.

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July 31, 1930) of the International Boundary Commission,' approved bythe two Governments in the manner provided by treaty ....

Article L The Government of the United States of America and theGovernment of the United Mexican States have agreed to carry out theRio Grande rectification works provided for in Minute 129 of the Inter-national Boundary Commission and annexes thereto, approved by bothGovernments, in that part of the river beginning at the point of inter-section of the present river channel with the located line as shown in map,exhibit No. 2 of Minute 129 of said Commission (said intersection beingsouth of Monument 15 of the boundary polygon of C6rdoba Island) andending at Box Canyon.

The terms of this Convention and of Minute 129 shall apply exclusivelyto river rectification within the limits above set out.

The two Governments shall study such further minutes and regulations asmay be submitted by the International Boundary Commission and, findingthem acceptable, shall approve same in order to carry out the materialexecution of the works in accordance with the terms of this Convention.The works shall be begun after this Convention becomes effective.

Article II. For the execution of the works there shall be followed theprocedure outlined in the technical study of the project. The works shall bebegun and shall be carried on primarily from the lower end, but at thesame time and for reasons of necessity works may be carried on in the uppersections of the valley.

Article II. In consideration of the difference existing in the benefitsderived by each of the contracting countries by the rectification works, theproratable cost of the works will be defrayed by both Governments in theproportion of eighty-eight per cent (88%) by the United States of Americaand of twelve per cent (12%) by the United Mexican States.

Article IV. The direction and inspection of the works shall be under theInternational Boundary Commission, each Government employing for theconstruction of that portion of the work it undertakes, the agency that inaccordance with its administrative organization should carry on the work.

Article V. The International Boundary Commission shall survey theground to be used as the right of way to be occupied by the rectified channel,as well as the parts to be cut from both sides of said channel. Within thirtydays after a cut has been made, it shall mark the boundaries on the ground,there being a strict superficial compensation in total of the areas taken fromeach country. Once the corresponding maps have been prepared, the Com-mission shall eliminate these areas from the provisions of Article II of theConvention of November 12, 1884, in similar manner to that adopted inthe Convention of March 20, 1905 for the elimination of bancos.

Article VI. For the sole purpose of equalizing areas, the axis of the recti-fied channel shall be the international boundary line. The parcels ofland that, as a result of these cuts or of merely taking the new axis of thechannel as the boundary line, shall remain on the American side of theaxis of the rectified channel shall be the territory and property of the United

I Ibid., p. 4465. Report of consulting engineers annexed to the Minute,ibid., p. 4470.

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States of America, and the territory and property of the United MexicanStates those on the opposite side, each Government mutually surrenderingin favor of the other the acquired rights over such parcels.

In the completed rectified river channel - both in its normal and con-struction sections - and in any completed portion thereof, the permanentinternational boundary shall be the middle of the deepest channel of theriver within such rectified river channel.

Article VII. Lands within the rectified channel, as well as those which,upon segregation, pass from the territory of one country to that of the other,shall be acquired in full ownership by the Government in whose territorysaid lands are at the present time; and the lands passing as provided inArticle V hereof, from one country to the other, shall pass to each Govern-ment respectively in absolute sovereignty and ownership, and withoutencumbrance of any kind, and without private national titles.

Article VIII. The construction of works shall not confer on the contractingparties any property rights in or any jurisdiction over the territory of theother. The completed work shall constitute part of the territory and shallbe the property of the country within which it lies.

Each Government shall respectively secure title, control, and jurisdictionof its half of the flood channel, from the axis of that channel to the outeredge of the acquired right of way on its own side, as this channel is describedand mapped in the International Boundary Commission Minute number129, and the maps, plans, and specifications attached thereto, which Minute,maps, plans, and specifications are attached hereto and made a part of thisConvention. Each Government shall permanently retain full title, control,and jurisdiction of that part of the flood channel constructed as described,from the deepest channel of the running water in the rectified channel tothe outer edge of such acquired right of way.

Article IX. Construction shall be suspended upon request of eitherGovernment, if it be proved that the works are being constructed outsideof the conditions herein stipulated or fixed in the approved plan.

Article X. In the event there be presented private or national claims forthe construction or maintenance of the rectified channel, or for causesconnected with the works of rectification, each Government shall assumeand adjust such claims as arise within its own territory.

Article XI. The International Boundary Commission is charged hereafterwith the maintenance and preservation of the rectified channel. To this endthe Commission shall submit, for the approval of both Governments, theregulations that should be issued to make effective said maintenance.

Article XIL Both Governments bind themselves to exempt form importduties all materials, implements, equipment, and supplies intended for theworks, and passing from one country to the other.

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77. TREATY1 BETWEEN THE UNITED STATES OF AMERICAAND MEXICO RELATING TO THE UTILIZATION OF THEWATERS OF THE COLORADO AND TIJUANA RIVERS, ANDOF THE RIO GRANDE (RIO BRAVO) FROM FORT QUIT-MAN, TEXAS, TO THE GULF OF MEXICO, SIGNED ATWASHINGTON ON 3 FEBRUARY 1944, AND SUPPLE-MENTARY PROTOCOL, SIGNED AT WASHINGTON ON 14NOVEMBER 19442

The Government of the United States of America and the Government ofthe United Mexican States: animated by the sincere spirit of cordiality andfriendly cooperation which happily governs the relations between them; tak-ing into account the fact that Articles VI and VII of the Treaty of Peace,Friendship and Limits between the United States of America and theUnited Mexican States signed at Guadalupe Hidalgo on February 2, 1848,and Article IV of the boundary treaty between the two countries signed atthe City of Mexico December 30, 1853 regulate the use of the waters of theRio Grande (Rio Bravo) and the Colorado River for purposes of navigationonly; considering that the utilization of these waters for other purposes isdesirable in the interest of both countries, and desiring, moreover, to fixand delimit the rights of the two countries with respect to the waters of theColorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) fromFort Quitman, Texas, United States of America, to the Gulf of Mexico,in order to obtain the most complete and satisfactory utilization thereof,have resolved to conclude a treaty.

I-PRELIMINARY PROVISIONS

Article 1

For the purpose of this Treaty it shall be understood that:(a) "The United States " means the United States of America.(b) " Mexico " means the United Mexican States.(c) "The Commission " means the International Boundary and Water

Commission, United States and Mexico, as described in Article 2 of thisTreaty.

(d) " To divert" means the deliberate act of taking water from anychannel in order to convey it elsewhere for storage, or to utilize it for domes-tic, agricultural, stock-raising or industrial purposes whether this be doneby means of dams across the channel, partition weirs, lateral intakes,pumps or any other methods.

(e) " Point of diversion " means the place where the act of diverting thewater is effected.

(f) " Conservation capacity of storage reservoirs " means that part oftheir total capacity devoted to holding and conserving the water for disposal

1 Came into force on 2 November 1945, by the exchange of ratification.2 United Nations, Treaty Series, vol. 3, p. 314.

thereof as and when required, that is, capacity additional to that providedfor silt retention and flood control.

(g) " Flood discharges and spills " means the voluntary or involuntarydischarge of water for flood control as distinguished from releases for otherpurposes.

(h) " Return flow " means that portion of diverted water that eventuallyfinds its way back to the source from which it was diverted.

(i) " Release " means the deliberate discharge of stored water for convey-ance elsewhere or for direct utilization.

(j) " Consumptive use " means the use of water by evaporation, planttranspiration or other manner whereby the water is consumed and doesnot return to its source of supply. In general it is measured by the amountof water diverted less the part thereof which returns to the stream.

(k) " Lowest major international dam or reservoir " means the majorinternational dam or reservoir situated farthest downstream.

(1) " Highest major international dam or reservoir " means the majorinternational dam or reservoir situated farthest upstream.

Article 2

The International Boundary Commission established pursuant to theprovisions of the Convention between the United States and Mexico signedin Washington March 1, 1889 to facilitate the carrying out of the principlescontained in the Treaty of November 12, 1884 and to avoid difficultiesoccasioned by reason of the changes which take place in the beds of theRio Grande (Rio Bravo) and the Colorado River shall hereafter be knownas the International Boundary and Water Commission, United States andMexico, which shall continue to function for the entire period during whichthe present Treaty shall continue in force. Accordingly, the term of theConvention of March 1, 1889 shall be considered to be indefinitely extended,and the Convention of November 21, 1900 between the United States andMexico regarding that Convention shall be considered completely termi-nated.

The application of the present Treaty, the regulation and exercise of therights and obligations which the two Governments assume thereunder, andthe settlement of all disputes to which its observance and execution may giverise are hereby entrusted to the International Boundary and Water Commis-sion, which shall function in conformity with the powers and limitationsset forth in this Treaty.

The Commission shall in all respects have the status of an internationalbody, and shall consist of a United States Section and a Mexican Section.The head of each Section shall be an Engineer Commissioner. Whereverthere are provisions in this Treaty for joint agreement by the two Govern-ments, or for the furnishing of reports, studies or plans to the two Govern-ments, or similar provisions, it shall be understood that the particular matterin question shall be handled by or through the Department of State of theUnited States and the Ministry of Foreign Relations of Mexico.

The Commission or either of its two Sections may employ such assistantsand engineering and legal advisers as it may deem necessary. Each Govern-ment shall accord diplomatic status to the Commissioner, designated by theother Government. The Commissioner, two principal engineers, a legaladviser, and a secretary, designated by each Government as members of

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its Section of the Commission, shall be entitled in the territory of the othercountry to the privileges and immunities appertaining to diplomatic officers.The Commission and its personnel may freely carry out their observations,studies and field work in the territory of either country.

The jurisdiction of the Commission shall extend to the limitrophe partsof the Rio Grande (Rio Bravo) and the Colorado River, to the land bound-ary between the two countries, and to works located upon their commonboundary, each Section of the Commission retaining jurisdiction over thatpart of the works located within the limits of its own country. Neither Sec-tion shall assume jurisdiction of control over works located within the limitsof the country of the other without the express consent of the Governmentof the latter. The works constructed, acquired or used in fulfillment of theprovisions of this Treaty and located wholly within the territorial limits ofeither country, although these works may be international in character,shall remain, except as herein otherwise specifically provided, under theexclusive jurisdiction and control of the Section of the Commission in whosecountry the works may be situated.

The duties and powers vested in the Commission by this Treaty shall be inaddition to those vested in the International Boundary Commission by theConvention of March 1, 1889 and other pertinent treaties and agreementsin force between the two countries except as the provisions of any of themmay be modified by the present Treaty.

Each Government shall bear the expenses incurred in the maintenance ofits Section of the Commission. The joint expenses, which may be incurredas agreed upon by the Commission, shall be borne equally by the twoGovernments.

Article 3

In matters in which the Commission may be called upon to make provi-sion for the joint use of international waters, the following order of preferencesshall serve as a guide:

1. Domestic and municipal uses.2. Agriculture and stock-raising.3. Electric power.4. Other industrial uses.5. Navigation.6. Fishing and hunting.7. Any other beneficial uses which may be determined by the Commis-

sion.All of the foregoing uses shall be subject to any sanitary measures or

works which may be mutually agreed upon by the two Governments, whichhereby agree to give preferential attention to the solution of all bordersanitation problems.

II-Ro GRANDE (RIo BRAVO)

Article 4

The waters of the Rio Grande (Rio Bravo) between Fort Quitman, Texasand the Gulf of Mexico are hereby allotted to the two countries in the follow-ing manner:

A. To Mexico:(a) All of the waters reaching the main channel of the Rio Grande

(Rio Bravo) from the San Juan and Alamo Rivers, including the returnflow from the lands irrigated from the latter two rivers.

(b) One-half of the flow in the main channel of the Rio Grande (RioBravo) below the lowest major international storage dam, so far as saidflow is not specifically allotted under this Treaty to either of the two coun-tries.

(c) Two-thirds of the flow reaching the main channel of the Rio Grande(Rio Bravo) from the Conchos, San Diego, San Rodrigo, Escondido andSalado Rivers and the Las Vacas Arroyo, subject to the provisions ofsubparagraph (c) of paragraph B of this Article.

(d) One-half of all other flows not otherwise allotted by this Articleoccurring in the main channel of the Rio Grande (Rio Bravo), including thecontributions from all the unmeasured tributaries, which are those notnamed in this Article, between Fort Quitman and the lowest major inter-national storage dam.B. To the United States:

(a) All of the waters reaching the main channel of the Rio Grande(Rio Bravo) from the Pecos and Devils Rivers, Goodenough Spring, andAlamito, Terlingua, San Felipe and Pinto Creeks.

(b) One-half of the flow in the main channel of the Rio Grande (RioBravo) below the lowest major international storage dam, so far as saidflow is not specifically allotted under this Treaty to either of the twocountries.

(c) One-third of the flow reaching the main channel of the Rio Grande(Rio Bravo) from the Conchos, San Diego, San Rodrigo, Escondido andSalado Rivers and the Las Vacas Arroyo, provided that this third shallnot be less, as an average amount in cycles of five consecutive years, than350,000 acre-feet (431,721,000 cubic meters) annually. The United Statesshall not acquire any right by the use of the waters of the tributaries namedin this subparagraph, in excess of the said 350,000 acre-feet (431,721,000cubic meters) annually, except the right to use one-third of the flow reachingthe Rio Grande (Rio Bravo) from said tributaries, although such one-third may be in excess of that amount.

(d) One-half of all other flows not otherwise allotted by this Articleoccurring in the main channel of the Rio Grande (Rio Bravo), includingthe contributions from all the unmeasured tributaries, which are those notnamed in this Article, between For Quitman and the lowest major inter-national storage dam.

In the event of extraordinary drought or serious accident to the hydraulicsystems on the measured Mexican tributaries, making it difficult for Mexicoto make available the run-off of 350,000 acre-feet (431,721,000 cubic meters)annually, allotted in subparagraph (c) of paragraph B of this Article to theUnited States as the minimum contribution from the aforesaid Mexicantributaries, any deficiencies existing at the end of the aforesaid five-year cycleshall be made up in the following five-year cycle with water from the saidmeasured tributaries.

Whenever the conservation capacities assigned to the United States in atleast two of the major international reservoirs, including the highest majorreservoir, are filled with waters belonging to the United States, a cycle of

five years shall be considered as terminated and all debits fully paid, where-upon a new five-year cycle shall commence.

Article 5

The two Governments agree to construct jointly, through their respectiveSections of the Commission, the following works in the main channel of theRio Grande (Rio Bravo):

I. The dams required for the conservation, storage and regulation of thegreatest quantity of the annual flow of the river in a way to ensure the con-tinuance of existing uses and the development of the greatest number offeasible projects, within the limits imposed by the water allotments specified.

II. The dams and other joint works required for the diversion of theflow of the Rio Grande (Rio Bravo).

One of the storage dams shall be constructed in the section between SantaHelena Canyon and the mouth of the Pecos River; one in the section betweenEagle Pass and Laredo, Texas (Piedras Negras and Nuevo Laredo in Mexi-co); and a third in the section between Laredo and Roma, Texas (NuevoLaredo and San Pedro de Roma in Mexico). One or more of the stipulateddams may be omitted, and others than those enumerated may be built, ineither case as may be determined by the Commission, subject to the approvalof the two Governments.

In planning the construction of such dams the Commission shall deter-mine:

(a) The most feasible sites;(b) The maximum feasible reservoir capacity at each site;(c) The conservation capacity required by each country at each site,

taking into consideration the amount and regimen of its allotment ofwater and its contemplated uses;

(d) The capacity required for retention of silt;(e) The capacity required for flood control.

The conservation and silt capacities of each reservoir shall be assigned toeach country in the same proportion as the capacities required by eachcountry in such reservoir for conservation purposes. Each country shallhave an undivided interest in the flood control capacity of each reservoir.

The construction of the international storage dams shall start within twoyears following the approval of the respective plans by the two Governments.The works shall begin with the construction of the lowest major internationalstorage dam, but works in the upper reaches of the river may be constructedsimultaneously. The lowest major international storage dam shall becompleted within a period of eight years from the date of the entry into forceof this Treaty.

The construction of the dams and other joint works required for the diver-sion of the flows of the river shall be initiated on the dates recommended bythe Commission and approved by the two Governments.

The cost of construction, operation and maintenance of each of the inter-national storage dams shall be prorated between the two Governments inproportion to the capacity allotted to each country for conservation purposesin the reservoir at such dam.

The cost of construction, operation and maintenance of each of the damsand other joint works required for the diversion of the flows of the river shall

be prorated between the two Governments in proportion to the benefitswhich the respective countries receive therefrom, as determined by theCommission and approved by the two Governments.

Article 6

The Commission shall study, investigate, and prepaie plans for floodcontrol works, where and when necessary, other than those referred to inArticle 5 of this Treaty, on the Rio Grande (Rio Bravo) from Fort Quitman,Texas to the Gulf of Mexico. These works may include levees along theriver, floodways and grade control structures, and works for the canaliza-tion, rectification and artificial channeling of reaches of the river. TheCommission shall report to the two Governments the works which shouldbe built, the estimated cost thereof, the part of the works to be constructedby each Government, and the part of the works to be operated and main-tained by each Section of the Commission. Each Government agrees toconstruct, through its Section of the Commission, such works as may berecommended by the Commission and approved by the two Governments.Each Government shall pay the costs of the works constructed by it andthe costs of operation and maintenance of the part of the works assignedto it for such purpose.

Article 7

The Commission shall study, investigate and prepare plans for plants forgenerating hydro-electric energy which it may be feasible to construct atthe international storage dams on the Rio Grande (Rio Bravo). The Com-mission shall report to the two Governments in a Minute the works whichshould be built, the estimated cost thereof, and the part of the works to beconstructed by each Government. Each Government agrees to construct,through its Section of the Commission, such works as may be recommendedby the Commission and approved by the two Governments. Both Govern-ments, through their respective Sections of the Commission, shall operateand maintain jointly such hydro-electric plants. Each Gover rament shallpay half the cost of the construction, operation and maintenance of suchplants, and the energy generated shall be assigned to each country in likeproportion.

Article 8

The two Governments recognize that both countries have a commoninterest in the conservation and storage of waters in the international reser-voirs and in the maximum use of these structures for the purpose of obtainingthe most beneficial, regular and constant use of the waters belonging tothem. Accordingly, within the year following the placing in operation ofthe first of the major international storage dams which is constructed, theCommission shall submit to each Government for its approval, regulationsfor the storage, conveyance and delivery of the waters of the Rio Grande(Rio Bravo) from Fort Quitman, Texas to the Gulf of Mexico. Such regula-tions may be modified, amended or supplemented when necessary by theCommission, subject to the approval of the two Governments. The follow-ing general rules shall severally govern until modified or amended by agree-ment of the Commission, with the approval of the two Governments:

(a) Storage in all major international reservoirs above the lowest shall

be maintained at the maximum possible water level, consistent with floodcontrol, irrigation use and power requirements.

(b) Inflows to each reservoir shall be credited to each country in accord-ance with the ownership of such inflows.

(c) In any reservoir the ownership of water belonging to the countrywhose conservation capacity therein is filled, and in excess of that neededto keep it filled, shall pass to the other country to the extent that such coun-try may have unfilled conservation capacity, except that one countrymay at its option temporarily use the conservation capacity of the othercountry not currently being used in any of the upper reservoirs; providedthat in the event of flood discharge or spill occurring while one country isusing the conservation capacity of the other, all of such flood discharge orspill shall be charged to the country using the other's capacity, and allinflow shall be credited to the other country until the flood discharge orspill ceases or until the capacity of the other country becomes filled with itsown water.

(d) Reservoir losses shall be charged in proportion to the ownership ofwater in storage. Releases from any reservoir shall be charged to the countryrequesting them, except that releases for the generation of electrical energy,or other common purpose, shall be charged in proportion to the ownership ofwater in storage.

(e) Flood discharges and spills from the upper reservoirs shall be dividedin the same proportion as the ownership of the inflows occurring at the timeof such flood discharges and spills, except as provided in subparagraph (c)of this Article. Flood discharges and spills from the lowest reservoir shallbe divided equally, except that one country, with the consent of the Com-mission, may use such part of the share of the other country as is not usedby the latter country.

(f) Either of the two countries may avail itself, whenever it so desires, ofany water belonging to it and stored in the international reservoirs, providedthat the water so taken is for direct beneficial use or for storage in otherreservoirs. For this purpose the Commissioner of the respective countryshall give appropriate notice to the Commission, which shall prescribe theproper measures for the opportune furnishing of the water.

Article 9

(a) The channel of the Ri'i Grande (Rio Bravo) may be used by eitherof the two countries to convey water belonging to it.

(b) Either of the two countries may, at any point on the main channelof the river from Fort Quitman, Texas to the Gulf of Mexico, divert anduse the water belonging to it and may for this purpose construct any neces-sary works. However, no such diversion or use, not existing on the datethis Treaty enters into force, shall be permitted in either country, nor shallworks be constructed for such purpose, until the Section of the Commissionin whose country the diversion or use is proposed has made a findingthat the water necessary for such diversion or use is available from the shareof that country, unless the Commission has agreed to a greater diversion oruse as provided by paragraph (d) of this Article. The proposed use andthe plans for the diversion works to be constructed in connection therewithshall be previously made known to the Commission for its information.

(c) Consumptive uses from the main stream and from the unmeasured

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tributaries below Fort Quitman shall be charged against the share of thecountry making them.

(d) The Commission shall have the power to authorize either country todivert and use water not belonging entirely to such country, when the waterbelonging to the other country can be diverted and used without injury tothe latter and can be replaced at some other point on the river.

(e) The Commission shall have the power to authorize temporary diver-sion and use by one country of water belonging to the other, when thelatter does not need it or is unable to use it, provided that such authoriza-tion or the use of such water shall not establish any right to continue todivert it.

(f) In case of the occurrence of an extraordinary drought in one countrywith an abundant supply of water in the other country, water stored inthe international storage reservoirs and belonging to the country enjoyingsuch abundant water supply may be withdrawn, with the consent of theCommission for the use of the country undergoing the drought.

(g) Each country shall have the right to divert from the main channelof the river any amount of water, including the water belonging to the othercountry, for the purpose of generating hydro-electric power, provided thatsuch diversion causes no injury to the other country and does not interferewith the international generation of power and that the quantities not re-turning directly to the river are charged against the share of the countrymaking the diversion. The feasibility of such diversions not existing on thedate this Treaty enters into force shall be determined by the Commission,which shall also determine the amount of water consumed, such water tobe charged against the country making the diversion.

(h) In case either of the two countries shall construct works for divertinginto the main channel of the Rio Grande (Rio Bravo) or its tributarieswaters that do not at the time this Treaty enters into force contribute to theflow of the Rio Grande (Rio Bravo) such water shall belong to the countrymaking such diversion.

(i) Main stream channel losses shall be charged in proportion to theownership of water being conveyed in the channel at the times and placesof the losses.

(j) The Commission shall keep a record of the waters belonging to eachcountry and of those that may be available at a given moment, taking intoaccount the measurement of the allotments, the regulation of the waters instorage, the consumptive uses, the withdrawals, the diversions, and the losses.For this purpose the Commission shall construct, operate and maintain onthe main channel of the Rio Grande (Rio Bravo) and each Section shallconstruct, operate and maintain on the measured tributaries in its own coun-try, all the gauging stations and mechanical apparatus necessary for the pur-pose of making computations and of obtaining the necessary data for suchrecord. The information with respect to the diversions and consumptiveuses on the unmeasured tributaries shall be furnished to the Commissionby the appropriate Section. The cost of construction of any new gaugingstations located on the main channel of the Rio Grande (Rio Bravo) shallbe borne equally by the two Governments. The operation and maintenanceof all gauging stations of the cost of such operation and maintenance shallbe apportioned between the two Sections in accordance with determinationsto be made by the Commission.

111-COLORADo RIVER

Article 10

Of the waters of the Colorado River, from any and all sources, there arealloted to Mexico:

(a) A guaranteed annual quantity of 1,500,000 acre-feet (1,850,234,000cubic meters) to be delivered in accordance with the provisions of Article 15of this Treaty.

(b) Any other quantities arriving at the Mexican points of diversion, withthe understanding that in any year in which, as determined by the UnitedStates Section, there exists a surplus of waters of the Colorado River inexcess of the amount necessary to supply uses in the United States and theguaranteed quantity of 1,500,000 acre-feet (1,850,234,000 cubic meters)annually to Mexico, the United States undertakes to deliver to Mexico,in the manner set out in Article 15 of this Treaty, additional waters of theColorado River system to provide a total quantity not to exceed 1,700,000acre-feet (2,096,931,000 cubic meters) a year. Mexico shall acquire noright beyond that provided by this subparagraph by the use of the watersof the Colorado River system, for any purpose whatsoever, in excess of1,500,000 acre-feet (1,850,234,000 cubic meters) annually.

In the event of extraordinary drought or serious accident to the irrigationsystem in the United States, thereby making it difficult for the United Statesto deliver the guaranteed quantity of 1,500,000 acre-feet (1,850,234,000cubic meters) a year, the water allotted to Mexico under subparagraph (a)of this Article will be reduced in the same proportion as consumptive usesin the United States are reduced.

Article 11

(a) The United States shall deliver all waters allotted to Mexico wher-ever these waters may arrive in the bed of the limitrophe section of theColorado River, with the exceptions hereinafter provided. Such watersshall be made up of the waters of the said river, whatever their origin,subject to the provisions of the following paragraphs of this Article.

(b) Of the waters of the Colorado River allotted to Mexico by subpara-graph (a) of Article 10 of this Treaty, the United States shall deliver, wher-ever such waters may arrive in the limitrophe section of the river, 1,000,000acre-feet (1,233,489,000 cubic meters) annually from the time the Davisdam and reservoir are placed in operation until January 1, 1980 and there-after, 1,125,000 acre-feet (1,387,675,000 cubic meters) annually, exceptthat, should the main diversion structure referred to in subparagraph (a)of Article 12 of this Treaty be located entirely in Mexico and should Mexicoso request, the United States shall deliver a quantity of water not exceeding25,000 acre-feet (30,837,000 cubic meters) annually, unless a larger quantitymay be mutually agreed upon, at a point, to be likewise mutually agreedupon, on the international land boundary near San Luis, Sonora, in whichevent the quantities of 1,000,000 acre-feet (1,233,489,000 cubic meters)and 1,125,000 acre-feet (1,387,657,000 cubic meters) provided hereinaboveas deliverable in the limitrophe section of the river shall be reduced by thequantities to be delivered in the year concerned near San Luis, Sonora.

(c) During the period from the time the Davis dam and reservoir areplaced in operation until January 1, 1980, the United States shall also

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deliver to Mexico annually, of the water allotted to it, 500,000 acre-feet(616,745,000 cubic meters), and thereafter the United States shall deliverannually 375,000 acre-feet (462,558,000 cubic meters), at the internationalboundary line, by means of the All-American Canal and a canal connectingthe lower end of the Pilot Knob Wasteway with the Alamo Canal or withany other Mexican Canal which may be substituted for the Alamo Canal.In either event the deliveries shall be made at an operating water surfaceelevation not higher than that of the Alamo Canal at the point where itcrossed the international boundary line in the year 1943.

(d) All the deliveries of water specified above shall be made subject to theprovisions of Article 15 of this Treaty.

Article 12

The two Governments agree to construct the following works:(a) Mexico shall construct at its expense, within a period of five years

from the date of the entry into force of this Treaty, a main diversion structurebelow the point where the northernmost part of the international landboundary line intersects the Colorado River. If such diversion structure islocated in the limitrophe section of the river, its location, design and con-struction shall be subject to the approval of the Commission. The Com-mission shall thereafter maintain and operate the structure at the expenseof Mexico. Regardless of where such diversion structure is located, thereshall simultaneously be constructed such levees, interior drainage facilitiesand other works, or improvements to existing works, as in the opinion of theCommission shall be necessary to protect lands within the United Statesagainst damage from such floods and seepage as might result from theconstruction, operation and maintenance of this diversion structure. Theseprotective works shall be constructed, operated and maintained at theexpense of Mexico by the respective Sections of the Commission, or undertheir supervision, each within the territory of its own country.

(b) The United States, within a period of five years from the date of theentry into force of this Treaty, shall construct in its own territory and at itsexpense, and thereafter operate and maintain at its expense, the Davisstorage dam and reservoir, a part of the capacity of which shall be usedto make possible the regulation at the boundary of the waters to be de-livered to Mexico in accordance with the provisions of Article 15 of thisTreaty.

(c) The United States shall construct or acquire in its own territory theworks that may be necessary to convey a part of the waters of the ColoradoRiver allotted to Mexico to the Mexican diversion points on the internationalland boundary line referred to in this Treaty. Among these works shallbe included: the canal and other works necessary to convey water from thelower end of the Pilot Knob Wasteway to the international boundary, and,should Mexico request it, a canal to connect the main diversion structurereferred to in subparagraph (a) of this Article, if this diversion structureshould be built in the limitrophe section of the river, with the Mexicansystem of canals at a point to be agreed upon by the Commission on theinternational land boundary near San Luis, Sonora. Such works shall beconstructed or acquired and operated and maintained by the UnitedStates Section at the expense of Mexico. Mexico shall also pay the costs ofany sites or rights of way required for such works.

(d) The Commission shall construct, operate and maintain in the limi-trophe section of the Colorado River, and each Section shall construct,operate and maintain in the territory of its own country on the ColoradoRiver below Imperial Dam and on all other carrying facilities used for thedelivery of water to Mexico, all necessary gauging stations and other measur-ing devices for the purpose of keeping a complete record of the waters deliv-ered to Mexico and of the flows of the river. All data obtained as to suchdeliveries and flows shall be periodically compiled and exchangedbetween the two Sections.

Article 13

The Commission shall study, investigate and prepare plans for floodcontrol on the Lower Colorado River between Imperial Dam and the Gulf ofCalifornia, in both the United States and Mexico, and shall, in a Minute, re-port to the two Governments the works which should be built, the estimatedcost thereof, and the part of the works to be constructed by each Govern-ment. The two Governments agree to construct, through their respectiveSections of the Commission, such works as may be recommended by theCommission and approved by the two Governments, each Government topay the costs of the works constructed by it. The Commission shall like-wise recommend the parts of the works to be operated and maintainedjointly by the Commission and the parts to be operated and maintainedby each Section. The two Governments agree to pay in equal shares thecost of operation and maintenance of the works assigned to it for suchpurpose.

Article 14

In consideration of the use of the All-American Canal for the delivery toMexico, in the manner provided in Article 11 and 15 of this Treaty, of apart of its allotment of the waters of the Colorado River, Mexico shall payto the United States:

(a) A proportion of the costs actually incurred in the construction ofImperial Dam and the Imperial Dam-Pilot Knob section of the All-Ameri-can Canal, this proportion and the method and terms of repayment to bedetermined by the two Governments, which, for this purpose, shall take intoconsideration the proportionate uses of these facilities by the two countries,these determinations to be made as soon as Davis dam and reservoir areplaced in operation.

(b) Annually, a proportionate part of the total costs of maintenanceand operations of such facilities, these costs to be prorated between the twocountries in proportion to the amount of water delivered annually throughsuch facilities for use in each of the two countries.

In the event that revenues from the sale of hydro-electric power whichmay be generated at Pilot Knob become available for the amortization ofpart or all of the costs of the facilities named in subparagraph (a) of thisArticle, the part that Mexico should pay of the costs of said facilities shallbe reduced or repaid in the same proportion as the balance of the totalcosts are reduced or repaid. It is understood that any such revenue shallnot become available until the cost of any works which may be constructedfor the generation of hydro-electric power at said location has been fullyamortized from the revenues derived therefrom.

Article 15

A. The water allotted in subparagraph (a) of Article 10 of this Treatyshall be delivered to Mexico at the points of delivery specified in Article 11,in accordance with the following two annual schedules of deliveries bymonths, which the Mexican Section shall formulate and present to theCommission before the beginning of each calendar year:

SCHEDULE I

Schedule I shall cover the delivery, in the limitrophe section of theColorado River, of 1,000,000 acre-feet (1,233,489,000 cubic meters) ofwater each year from the date Davis dam and reservoir are placed inoperation until January 1, 1980 and the delivery of 1,125,000 acre-feet(1,387,675,000 cubic meters) of water each year thereafter. This scheduleshall be formulated subject to the following limitations:

With reference to the 1,000,000 acre-foot (1,233,489,000 cubic meter)quantity:

(a) During the months of January, February, October, Novemberand December the prescribed rate of delivery shall be not less than 600cubic feet (17.0 cubic meters) nor more than 3,500 cubic feet (99.1 cubicmeters) per second.

(b) During the remaining months of the year the prescribed rate ofdelivery shall be not less than 1,000 cubic feet (28.3 cubic meters) normore than 3,500 cubic feet (99.1 cubic meters) per second.

With reference to the 1,125,000 acre-foot (1,387,675,000 cubic meter)quantity:

(a) During the months of January, February, October, Novemberand December the prescribed rate of delivery shall be not less than 675cubic feet (19.1 cubic meters) nor more than 4,000 cubic feet (113,3cubic meters) per second.

(b) During the remaining months of the year the prescribed rate ofdelivery shall be not less than 1,125 cubic feet 31.9 cubic meters) normore than 4,000 cubic feet 113.3 cubic meters) per second.

Should deliveries of water be made at a point on the land boundary nearSan Luis, Sonora, as provided for in Article 11, such deliveries shall be madeunder a sub-schedule to be formulated and furnished by the Mexican Sec-tion. The quantities and monthly rates of deliveries under such sub-schedule shall be in proportion to those specified for Schedule I, unlessotherwise agreed upon by the Commission.

SCHEDULE II

Schedule II shall cover the delivery at the boundary line by meansof the All-American Canal of 500,000 acre-feet (616,745,000 cubic meters)of water each year from the date Davis dam and reservoir are placed inoperation until January 1, 1980 and the delivery of 375,000 acre-feet(462,558,000 cubic meters) of water each year thereafter. This scheduleshall be formulated subject to the following limitations:

With reference to the 500,000 acre-foot (616,745,000 cubic meter)quantity:

(a) During the months of January, February, October, Novemberand December the prescribed rate of delivery shall be not less than 300

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cubic feet (8.5 cubic meters) nor more than 2,000 cubic feet (56.6 cubicmeters) per second.

(b) During the remaining months of the year the prescribed rate ofdelivery shall be not less than 500 cubic feet (14.2 cubic meters) nor morethan 2,000 cubic feet (56.6 cubic meters) per second.

With reference to the 375,000 acre-foot (462,558,000 cubic meter)quantity:

(a) During the months of January, February, October, Novemberand December the prescribed rate of delivery shall be not less than 225cubic feet (6.4 cubic meters) nor more than 1,500 cubic feet (42.5 cubicmeters) per second.

(b) During the remaining months of the year the prescribed rate ofdelivery shall be not less than 375 cubic feet (10.6 cubic meters) nor morethan 1,500 cubic feet (42.5 cubic meters) per second.

B. The United States shall be under no obligation to deliver, throughthe All-American Canal, more than 500,000 acre-feet (616,745,000 cubicmeters) annually from the date Davis dam and reservoir are placed in opera-tion until January 1, 1980 or more than 375,000 acre-feet (462,558,000cubic meters) annually thereafter. If, by mutual agreement, any part ofthe quantities of water specified in this paragraph are delivered to Mexicoat points on the land boundary otherwise than through the All-AmericanCanal, the above quantities of water and the rates of deliveries set out underSchedule II of this Article shall be correspondingly diminished.

C. The United States shall have the option of delivering, at the point onthe land boundary mentioned in subparagraph (c) of Article 11, any partor all of the water to be delivered at that point under Schedule II of thisArticle during the months of January, February, October, November andDecember of each year, from any source whatsoever, with the understandingthat the total specified annual quantities to be delivered through the All-American Canal shall not be reduced because of the exercise of this option,unless such reduction be requested by the Mexican Section, provided thatthe exercise of this option shall not have the effect of increasing the totalamount of scheduled water to be delivered to Mexico.

D. In any year in which there shall exist in the river water in excessof that necessary to satisfy the requirements in the United States and theguaranteed quantity of 1,500,000 acre-feet (1,850,234,000 cubic meters)allotted to Mexico, the United States hereby declares its intention to co-operate with Mexico in attempting to supply additional quantities of waterthrough the All-American Canal as such additional quantities are desiredby Mexico, if such use of the Canal and facilities will not be detrimental tothe United States, provided that the delivery of any additional quantitiesthrough the All-American Canal shall not have the effect of increasingthe total scheduled deliveries to Mexico. Mexico hereby declares its in-tention to cooperate with the United States by attempting to curtail deliv-eries of water through the All-American Canal in years of limited supply,if such curtailment can be accomplished without detriment to Mexicoand is necessary to allow full use of all available water supplies, providedthat such curtailment shall not have the effect of reducing the total scheduleddeliveries of water to Mexico.

E. In any year in which there shall exist in the river water in excess ofthat necessary to satisfy the requirements in the United States and the

guaranteed quantity of 1,500,000 acre-feet (1,850,234,000 cubic meters)allotted to Mexico, the United States Section shall so inform the MexicanSection in order that the latter may schedule such surplus water to completea quantity up to a maximum of 1,700,000 acre-feet (2,096,931,000 cubicmeters). In this circumstance the total quantities to be delivered underSchedules I and II shall be increased in proportion to their respective totalquantities and the two schedules thus increased shall be subject to the samelimitations as those established fbr each under paragraph A of this Article.

F. Subject to the limitations as to rates of deliveries and total quantitiesset out in Schedules I and II, Mexico shall have the right, upon thirtydays' notice in advance to the United States Section, to increase or decreaseeach monthly quantity prescribed by those schedules by not more than20% of the monthly quantity.

G. The total quantity of water to be delivered under Schedule I ofparagraph A of this Article may be increased in any year if the amount to bedelivered under Schedule II is correspondingly reduced and if the limita-tions as to rates of delivery under each schedule are correspondingly in-creased and reduced.

IV-TIJUANA RIVER

Article 16

In order to improve existing uses'and to assure any feasible further develop-ment, the Commission shall study and investigate, and shall submit to thetwo Governments for their approval:

(1) Recommendations for the equitable distribution between the twocountries of the waters of the Tijuana River system;

(2) Plans for storage and flood control to promote and develop domestic,irrigation and other feasible uses of the waters of this system;

(3) An estimate of the cost of the proposed works and the manner inwhich the construction of such works or the cost thereof should be dividedbetween the two Governments;

(4) Recommendations regarding the parts of the works to be operatedand maintained by the Commission and the parts to be operated and main-tained by each Section.

The two Governments through their respective Sections of the Commis-sion shall construct such of the proposed works as are approved by bothGovernments, shall divide the work to be done or the cost thereof, and shalldistribute between the two countries the waters of the Tijuana River in theproportions approved by the two Governments. The two Governmentsagree to pay in equal shares the costs of joint operation and maintenance ofthe works involved, and each Government agrees to pay the cost of operationand maintenance of the works assigned to it for such purpose.

V-GENERAL PROVISIONS

Article 17

The use of the channels of the international rivers for the discharge offlood or other excess waters shall be free and not subject to limitation by

either country, and neither country shall have any claim against the otherin respect of any damage caused by such use. Each Government agrees tofurnish the other Government, as far in advance as practicable, any infor-mation it may have in regard to such extraordinary discharges of waterfrom reservoirs and flood flows on its own territory as may produce floodson the territory of the other.

Each Government declares its intention to operate its storage dams in suchmanner, consistent with the normal operations of its hydraulic systems, as toavoid as far as feasible, material damage in the territory of the other.

Article 18

Public use of the water surface of lakes formed by international damsshall, when not harmful to the services rendered by such dams, be free andcommon to both countries, subject to the police regulations of each countryin its territory, to such general regulations as may appropriately be pre-scribed and enforced by the Commission with the approval of the two Gov-ernments for the purpose of the application of the provisions of this Treaty,and to such regulations as may appropriately be prescribed and enforcedfor the same purpose by each Section of the Commission with respect tothe areas and borders of such parts of those lakes as lie within its territory.Neither Government shall use for military purposes such water surfacesituated within the territory of the other country except by express agreementbetween the two Governments.

Article 19

The two Governments shall conclude such special agreements as may benecessary to regulate the generation, development and disposition of electricpower at international plants, including the necessary provisions for theexport of electric current.

Article 20

The two Governments shall, through their respective Sections of the Com-mission, carry out the construction of works allotted to them. For thispurpose the respective Sections of the Commission may make use of anycompetent public or private agencies in accordance with the laws of therespective countries. With respect to such works as either Section of theCommission may have to execute on the territory of the other, it shall, inthe execution of such works, observe the laws of the place where such worksare located or carried out, with the exceptions hereinafter stated.

All materials, implements, equipment and repair parts intended for theconstruction, operation and maintenance of such works shall be exemptfrom import and export customs duties. The whole of the personnel em-ployed either directly or indirectly on the construction, operation or main-tenance of the works may pass freely from one country to the other for thepurpose of going to and from the place of location of the works, without anyimmigration restrictions, passports or labor requirements. Each Govern-ment shall furnish, through its own Section of the Commission, convenientmeans of identification to the personnel employed by it on the aforesaidworks and verification certificates covering all materials, implements,equipment and repair parts intended for the works.

Each Government shall assume responsibility for and shall adjust ex-

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elusively in accordance with its own laws all claims arising within its terri-tory in connection with the construction, operation or maintenance of thewhole or of any part of the works herein agreed upon, or of any workswhich may, in the execution of this Treaty, be agreed upon in the future.

Article 21

The construction of the international dams and the formation of artificiallakes shall produce no change in the fluvial international boundary, whichshall continue to be governed by existing treaties and conventions in forcebetween the two countries.

The Commission shall, with the approval of the two Governments,establish in the artificial lakes, by buoys or by other suitable markers, apracticable and convenient line to provide for the exercise of the jurisdictionand control vested by this Treaty in the Commission and its respective Sec-tions. Such line shall also mark the boundary for the application of thecustoms and police regulations of each country.

Article 22

The provisions of the Convention between the United States and Mexicofor the rectification of the Rio Grande (Rio Bravo) in the El Paso-JuArezValley signed on February 1, 1933, shall govern so far as delimitation of theboundary, distribution of jurisdiction and sovereignty, and relations withprivate owners are concerned, in any places where works for the artificialchanneling, canalization or rectification of the Rio Grande (Rio Bravo)and the Colorado River are carried out.

Article 23

The two Governments recognize the public interest attached to the worksrequired for the execution and performance of this Treaty and agree toacquire, in accordance with their respective domestic laws, any privateproperty that may be required for the construction of the said works, in-cluding the main structures and their appurtenances and the constructionmaterials therefor, and for the operation and maintenance thereof, at thecost of the country within which the property is situated, except as may beotherwise specifically provided in this Treaty.

Each Section of the Commission shall determine the extent and locationof any private property to be acquired within its own country and shallmake the necessary request upon its Government for the acquisition of suchproperty.

The Commission shall determine the cases in which it shall become neces-sary to locate works for the conveyance of water or electrical energy andfor the servicing of any such works, for the benefit of either of the two coun-tries, in the territory of the other country, in order that such works can bebuilt pursuant to agreement between the two Governments. Such worksshall be subject to the jurisdiction and supervision of the Section of the Com-mission within whose country they are located.

Construction of the works built in pursuance of the provisions of thisTreaty shall not confer upon either of the two countries any rights eitherof property or of jurisdiction over any part whatsoever of the territory of theother. These works shall be part of the territory and be the property ofthe country wherein they are situated. However, in the case of any incidents

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occurring on works constructed across the limitrophe part of a river and withsupports on both banks, the jurisdiction of each country shall be limited by thecenter line of such works, which shall be marked by the Commission, with-out thereby changing the international boundary.

Each Government shall retain, through its own Section of the Commis-sion and within the limits and to the extent necessary to effectuate the pro-visions of this Treaty, direct ownership, control and jurisdiction within itsown territory and in accordance with its own laws, over all real property-including that within the channel of any river-rights of way and rightsin rem, that it may be necessary to enter upon and occupy for the construc-tion, operation or maintenance of all the works constructed, acquired orused pursuant to this Treaty. Furthermore, each Government shall simi-larly acquire and retain in its own possession the titles, control and jurisdic-tion over such works.

Article 24

The International Boundary and Water Commission shall have, inaddition to the powers and duties otherwise specifically provided in thisTreaty, the following powers and duties:

(a) To initiate and carry on investigations and develop plans for theworks which are to be constructed or established in accordance with theprovisions of this and other treaties or agreements in force between the twoGovernments dealing with boundaries and international waters, to deter-mine, as to such works, their location, size, kind and characteristic specifica-tions; to estimate the cost of such works; and to recommend the divisionof such costs between the two Governments, the arrangements for the furnish-ing of the necessary funds, and the dates for the beginning of the works, tothe extent that the matters mentioned in this subparagraph are not other-wise covered by specific provisions of this or any other Treaty.

(b) To construct the works agreed upon or to supervise their constructionand to operate and maintain such works or to supervise their operation andmaintenance, in accordance with the respective domestic laws of eachcountry. Each Section shall have, to the extent necessary to give effectto the provisions of this Treaty, jurisdiction over the works constructedexclusively in the territory of its country whenever such works shall be con-nected with or shall directly affect the execution of the provisions of thisTreaty.

(c) In general to exercise and discharge the specific powers and dutiesentrusted to the Commission by this and other treaties and agreements inforce between the two countries, and to carry into execution and preventthe violation of the provisions of those treaties and agreements. Theauthorities of each country shall aid and support the exercise and dischargeof these powers and duties, and each Commissioner shall invoke whennecessary the jurisdiction of the courts or other appropriate agenciesof this country to aid in the execution and enforcement of these powers andduties.

(d) To settle all differences that may arise between the two Govern-ments with respect to the interpretation or application of this Treaty, sub-ject to the approval of the two Governments. In any case in which theCommissioners do not reach an agreement, they shall so inform their re-

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spective governments reporting their respective opinions and the groundstherefor and the points upon which they differ, for discussion and adjust-ment of the difference through diplomatic channels and for applicationwhere proper of the general or special agreements which the two Govern-ments have concluded for the settlement of controversies.

(e) To furnish the information requested of the Commissioners jointlyby the two Governments on matters within their jurisdiction. In the eventthat the request is made by one Government alone, the Commissioner ofthe other Government must have the express authorization of his Govern-ment in order to comply with such request.

(f) The Commission shall construct, operate and maintain upon thelimitrophe parts of the international streams, and each Section shall severallyconstruct, operate and maintain upon the parts of the international streamsand their tributaries within the boundaries of its own country, such streamgauging stations as may be needed to provide the hydrographic data neces-sary or convefient for the proper functioning of this Treaty. The data soobtained shall be compiled and periodically exchange between the twoSections.

(g) The Commission shall submit annually a joint report to the twoGovernments on the matters in its charge. The Commission shall alsosubmit to the two Governments joint reports on general or any particularmatters at such other times as it may deem necessary or as may be requestedby the two Governments.

Article 25

Except as otherwise specifically provided in this Treaty, Articles IIIand VII of the Convention of March 1, 1889 shall govern the proceedingsof the Commission in carrying out the provisions of this Treaty. Supple-mentary thereto the Commission shall establish a body of rules and regula-tions to govern its procedure, consistent with the provisions of this Treatyand of Articles III and VII of the Convention of March 1, 1889 and sub-ject to the approval of both Governments.

Decisions of the Commission shall be recorded in the form of Minutesdone in duplicate in the English and Spanish languages, signed by eachCommissioner and attested by the Secretaries, and copies thereof forwardedto each Government within three days after being signed. Except where thespecific approval of the two Governments is required by any provision ofthis Treaty, if one of the Governments fails to communicate to the Commis-sion its approval or disapproval of a decision of the Commission with-in thirty days reckoned from the date of the Minute in which it shallhave been pronounced, the Minute in question and the decisions whichit contains shall be considered to be approved by that Government.The Commissioners, within the limits of their respective jurisdiction,shall execute the decisions of the Commission that are approved by bothGovernments.. If either Government disapproves a decision of the Commission the twoGovernments shall take cognizance of the matter, and if an agreement re-garding such matter is reached between the two Governments, the agree-ment shall be communicated to the Commissioners, who shall take suchfurther proceedings as may be necessary to carry out such agreement.

V-TRANSITORY PROVISIONS

Article 26

During a period of eight years from the date of the entry into force of thisTreaty, or until the beginning of operation of the lowest major internationalreservoirs on the Rio Grande (Rio Bravo), should it be placed in operationprior to the expiration of said period, Mexico will cooperate with the UnitedStates to relieve, in times of drought, any lack of water needed to irrigatethe lands now under irrigation in the Lower Rio Grande Valley in theUnited States, and for this purpose Mexico will release water from El Aziicarreservoir on the San Juan River and allow that water to run through itssystem of canals back into the San Juan River in order that the UnitedStates may divert such water from the Rio Grande (Rio Bravo). Suchreleases shall be made on condition that they do not affect the Mexicanirrigation system, provided that Mexico shall, in any event, except in casesof extraordinary drought or serious accident to its hydraulic works, releaseand make available to the United States for its use the quantities requested,under the following conditions: that during the said eight years thereshall be made available a total of 160,000 acre-feet (197,358,000 cubicmeters) and up to 40,000 acre-feet (49,340,000 cubic meters) in any oneyear; that the water shall be made available as requested at rates not ex-ceeding 750 cubic feet 21.2 cubic meters) per second; that when the ratesof flow requested and made available have been more than 500 cubic feet(14.2 cubic meters) per second the period of release shall not extend beyondfifteen consecutive days; and that at least thirty days must elapse betweenany two periods of release during which rates of flow in excess of 500 cubicfeet (14.2 cubic meters) per second have been requested and made available.In addition to the guaranteed flow, Mexico shall release from El Azicarreservoir and conduct through its canal system and the San Juan River, foruse in the United States during periods of drought and after satisfying theneeds of Mexican users, any excess water that does not in the opinion of theMexican Section have to be stored and that may be needed for the irriga-tion of lands which were under irrigation during the year 1943 in the LowerRio Grande Valley in the United States.

Article 27

The provisions of Article 10, 11, and 15 of this Treaty shall not be appliedduring a period of five years from the date of the entry into force of thisTreaty, or until the Davis dam and the major Mexican diversion structureon the Colorado River are placed in operation, should these works beplaced in operation prior to the expiration of said period. In the mean-time Mexico may construct and operate at its expense a temporary diver-sion structure in the bed of the Colorado River in territory of the UnitedStates for the purpose of diverting water into the Alamo Canal, providedthat the plans for such structure and the construction and operation thereofshall be subject to the approval of the United States Section. During thisperiod of time the United States will make available in the river at suchdiversion structure river flow now currently required in the United States,and the United States will cooperate with Mexico to the end that the lattermay satisfy its irrigation requirements within the limits of those require-ments for lands irrigated in Mexico from the Colorado River during theyear 1943.

PROTOCOL

The Government of the United States of America and the Governmentof the United Mexican States agree and understand that:

Wherever, by virtue of the provisions of the Treaty between the UnitedStates of America and the United Mexican States, signed in Washington onFebruary 3, 1944, relating to the utilization of the waters of the Coloradoand Tijuana Rivers and of the Rio Grande from Fort Quitman, Texas, tothe Gulf of Mexico, specific functions are imposed on, or exclusive jurisdic-tion is vested in, either of the Sections of the International Boundary andWater Commission, which involve the construction or use of works forstorage or conveyance of water, flood control, stream gauging, or for anyother purpose, which are situated wholly within the territory of the countryof that Section, and which are to be used only partly for the performanceof treaty provisions, such jurisdiction shall be exercised, and such functions,including the construction, operation and maintenance of the said works,shall be performed and carried out by the Federal agencies of that countrywhich now or hereafter may be authorized by domestic law to construct, orto operate and maintain, such works. Such functions or jurisdictions shallbe exercised in conformity with the provisions of the Treaty and in coopera-tion with the respective Section of the Commission, to the end that allinternational obligations and functions may be coordinated and fulfilled.

The works to be constructed or used on or along the boundary, and thoseto be constructed or used exclusively for the discharge of treaty stipulations,shall be under the jurisdiction of the Commission or of the respective Sec-tion, in accordance with the provisions of the Treaty. In carrying out theconstruction of such works the Sections of the Commission may utilizethe services of public or private organizations in accordance with the lawsof their respective countries.

This Protocol, which shall be regarded as an integral part of the afore-mentioned Treaty signed in Washington on February 3, 1944, shall be rati-fied and the ratifications thereof shall be exchanged in Washington. ThisProtocol shall be effective beginning with the day of the entry into force ofthe Treaty and shall continue effective so long as the Treaty remains inforce.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

WHEREAS a treaty between the United States of America and the UnitedMexican States relating to the utilization of the waters of the Colorado andTijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman,Texas, to the Gulf of Mexico, was signed by their respective Plenipoten-tiaries in Washington on February 3, 1944, and a protocol supplementaryto the said treaty was signed by their respective Plenipotentiaries in Washing-ton on November 14, 1944, the originals of which treaty and protocol, in theEnglish and Spanish languages, are word for word as follows:

AND WHEREAS the Senate of the United States of America by their Resolu-tion of April 18, 1945, two-thirds of the Senators present concurring therein,did advise and consent to the ratification of the said treaty and protocol,

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subject to certain understandings, the text of which Resolution is word forword as follows:

" Resolved (two-thirds of the Senators present concurring therein), That theSenate advise and consent to the ratification of Executive A, Seventy-eighth Congress, second session, a treaty between the United States ofAmerica and the United Mexican States, signed at Washington on Feb-ruary 3, 1944, relating to the utilization of the waters of the Colorado andTijuana Rivers and of the Rio Grande from Fort Quitman, Texas, to theGulf of Mexico, and Executive H, Seventy-eighth Congress, second sessiona protocol, signed at Washington on November 14, 1944, supplementary tothe treaty, subject to the following understandings, and that these under-standings will be mentioned in the ratification of this treaty as conveyingthe true meaning of the treaty, and will in effect form a part of the treaty:

" (a) That no commitment for works to be built by the United Statesin whole or in part at its expense, or for expenditures by the United States,other than those specifically provided for in the treaty, shall be made bythe Secretary of State of the United States, the Commissioner of theUnited States Section of the International Boundary and Water Com-mission, the United States Section of said Commission, or any other officeror employee of the United States, without prior approval of the Congressof the United States. It is understood that the works to be built by theUnited States, in whole or in part at its expense, and the expenditures bythe United States, which are specifically provided for in the treaty, areas follows:

" 1. The joint construction of the three storage and flood-controldams on the Rio Grande below Fort Quitman, Texas, mentioned inarticle 5 of the treaty.

" 2. The dams and other joint works required for the diversion of theflow of the Rio Grande mentioned in subparagraph II of article 5 of thetreaty, it being understood that the commitment of the United States tomake expenditures under this subparagraph is limited to its share of thecost of one dam and works appurtenant thereto.

" 3. Stream-gauging stations which may be required under the provi-sions of section (j) of article 9 of the treaty and of subparagraph (d) ofarticle 12 of the treaty.

" 4. The Davis Dam and Reservoir mentioned in subparagraph (b)of article 12 of the treaty.

"5. The joint flood-control investigations, preparation of plans, andreports on the Rio Grande below Fort Quitman required by the provisionsof article 6 of the treaty.

" 6. The joint flood-control investigations, preparations of plans, andreports on the lower Colorado River between the Imperial Dam and theGulf of California required by article 13 of the treaty.

" 7. The joint investigations, preparation of plans, and reports on theestablishment of hydroelectric plants at the international dams on the RioGrande below Fort Quitman provided for by article 7 of the treaty.

" 8. The studies, investigations, preparation of plans, recommenda-tions, reports, and other matters dealing with the Tijuana River systemprovided for by the first paragraph (including the numbered subpara-graphs) of article 16 of the treaty.

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(b) Insofar as they affect persons and property in the territoriallimits of the United States, the powers and functions of the Secretary ofState of the United States, the Commissioner of the United States Sectionof the International Boundary and Water Commission, the United StatesSection of said Commission, and any other officer or employee of theUnited States, shall be subject to the statutory and constitutional controlsand processes. Nothing contained in the treaty or protocol shall beconstrued as impairing the power of the Congress of the United States todefine the terms of office of members of the United States Section of theInternational Boundary and Water Commission or to provide for theirappointment by the President by and with the advice and consent ofthe Senate or otherwise.

" (c) That nothing contained in the treaty or protocol shall be con-strued as authorizing the Secretary of State of the United States, the Com-missioner of the United States Section of the International Boundary andWater Commission, or the United States Section of said Commission,directly or indirectly to alter or control the distribution of water to userswithin the territorial limits of any of the individual States.

" (d) That 'international dam or reservoir' means a dam or reservoirbuilt across the common boundary between the two countries.

" (e) That the words' international plants', appearing in article 19,mean only hydroelectric generating plants in connection with dams builtacross the common boundary between the two countries.

" (f) That the words 'electric current', appearing in article 19,mean hydroelectric power generated at an international plant.

" (g) That by the use of the words 'The jurisdiction of the Com-mission shall extend to the limitrophe parts of the Rio Grande (Rio Bravo)and the Colorado River, to the land boundary between the two countries,and to works located upon their common boundary * * *' in the firstsentence of the fifth paragraph of article 2, is meant:'The jurisdiction ofthe Commission shall extend and be limited to the limitrophe parts ofthe Rio Grande (Rio Bravo) and the Colorado River, to the land boun-dary between the two countries, and to works located upon their commonboundary * * *'

" (h) The word 'agreements' whenever used in subparagraph (a),(c), and (d) of article 24 of the treaty shall refer only to agreementsentered into pursuant to and subject to the provisions and limitations oftreaties in force between the United States of America and the UnitedMexican States.

" (i) The word 'disputes' in the second paragraph of article 2 shallhave reference only to disputes between the Governments of the UnitedStates of America and the United Mexican States.

" (j) First, that the one million seven hundred thousand acre-feet speci-fied in subparagraph (b) of article 10 includes and is not in addition to theone million five hundred thousand acre-feet, the delivery of which toMexico is guaranteed in subparagraph (a) of article 10; second, thatthe one million five hundred thousand acre-feet specified in three placesin said subparagraph (b) is identical with the one million five hundredthousand acre-feet specified in said subparagraph (a); third, that anyuse by Mexico under said subparagraph (b) of quantities of water arrivingat the Mexican points of diversion in excess of said one million five

258

hundred thousand acre-feet shall not give rise to any future claim ofright by Mexico in excess of said guaranteed quantity of one millionfive hundred thousand acre-feet of water.

" (k) The United States recognizes a duty to require that the pro-tective structures to be constructed under article 12, paragraph (a),of this treaty, are so constructed, operated, and maintained as to ade-quately prevent damage to property and lands within the United Statesfrom the construction and operation of the diversion structure referredto in said paragraph."

AND WHEREAS the said treaty and protocol were duly ratified by thePresident of the United States of America on November 1, 1945, inpursuance of the aforesaid advice and consent of the Senate and subjectto the aforesaid understandings on the part of the United States ofAmerica;

AND WHEREAS the said treaty and protocol were duly ratified by thePresident of the United Mexican States on October 16, 1945, in pursuanceand according to the terms of a Decree of September 27, 1945, of the Senateof the United Mexican States approving the said treaty and protocol andapproving the said understandings on the part of the United States ofAmerica in all that refers to the rights and obligations between the parties;

AND WHEREAS it is provided in Article 28 of the said treaty that the treatyshall enter into force on the day of the exchange of ratifications;

AND WHEREAS it is provided in the said protocol that the protocol shallbe regarded as an integral part of the said treaty and shall be effectivebeginning with the day of the entry into force of the said treaty;

AND WHEREAS the respective instruments of ratification of the saidtreaty and protocol were duly exchanged, and a protocol of exchange of in-struments of ratification was signed in the English and Spanish languages,by the respective Plenipotentiaries of the United States of America andthe United Mexican States on November 8, 1945, the English text of whichprotocol of exchange of instruments of ratification reads in part as follows:

" The ratification by the Government of the United States of Americaof the treaty and protocol aforesaid recites in their entirety the under-standings contained in the resolution of April 18, 1945, of the Senateof the United States of America advising and consenting to ratification,the text of which resolution was communicated by the Governmentof the United States of America to the Government of the United MexicanStates. The ratification by the Government of the United MexicanStates of the treaty and protocol aforesaid is effected, in the terms of itsinstrument of ratification, in conformity to the Decree of September 27,1945, of the Senate of the United Mexican States approving the treatyand protocol aforesaid and approving also the aforesaid understandingson the part of the United States of America in all that refers to the rightsand obligations between both parties, and in which the Mexican Senaterefrains from considering, because it is not competent to pass judgmentupon them, the provisions which relate exclusively to the internal ap-plication of the treaty within the United States of America and by itsown authorities, and which are included in the understandings setforth under the letter (a) in its first part to the period preceding thewords ' It is understood ' and under the letters (b) and (c)."

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78. AGREEMENT 1 TO PROCEED WITH THE CONSTRUCTIONOF AMISTAD DAM ON THE RIO GRANDE TO FORM PARTOF THE SYSTEM OF INTERNATIONAL STORAGE DAMSPROVIDED FOR BY THE WATER TREATY OF FEBRUARY 31944. SIGNED AT CIUDAD ACUNA, OCTOBER 24, 19602

Dwight D. Eisenhower, President of the United States of America,and Adolfo L6pez Mateos, President of the United Mexican States, inspiredby the true friendship that binds the Governments and peoples of theUnited States of America and Mexico and by the fruitful cooperation thathas characterized their relations,

Considering that international hydraulic works constitute one of themost valued examples of this cooperation, the bases of which were estab-lished in the Water Treaty between the United States of America andMexico signed on February 3, 1944;

Considering that Amistad Dam will complement Falc6n Dam and willform part of the sytem of international dams provided for in the above-mentioned treaty;

Considering that Amistad Dam will serve to control floods of the RioGrande, which repeatedly have caused very serious damage to border com-munities and agricultural areas of both countries; to provide additionalwaters for irrigation needs of both countries; and to permit productionof hydroelectric energy as required;

Have agreed that:The Government of the United States of America and the Government of

Mexico will proceed with the construction of Amistad Dam as soon aspossible after the two Governments have approved the technical recommen-dations that are to be made for that purpose by the International Boundaryand Water Commission, United States and Mexico.

Done in two copies in the English and Spanish languages at CiudadAcufia, Coahuila, Mexico, October 24, 1960.

DWIGHT D. EISENHOWER A. L. MATEOS

1 Came into force upon signature.2 United States Treaties and other International Agreements, TIAS 4624.

United Kingdom-United States

79. TREATY' BETWEEN GREAT BRITAIN AND THE UNITEDSTATES RELATING TO BOUNDARY WATERS, AND QUES-TIONS ARISING BETWEEN THE UNITED STATES ANDCANADA, SIGNED AT WASHINGTON, JANUARY 11, 19092

... to prevent disputes regarding the use of boundary waters and to settleall questions which are now pending... and to make provision for theadjustment and settlement of all such questions as may hereafter arise...

Preliminary Article. For the purposes of this Treaty, boundary watersare defined as the waters from main shore to main shore of the lakes andrivers and connecting waterways, or the portions thereof, along which theinternational boundary between the United States and the Dominion ofCanada passes, including all bays, arms, and inlets thereof, but not in-cluding tributary waters which in their natural channels would flow intosuch lakes, rivers, and waterways, or waters flowing from such lakes, rivers,and waterways, or the waters of rivers flowing across the boundary.

Article II. Each of the High Contracting Parties reserves to itself or to theseveral State Governments on the one side and the Dominion or ProvincialGovernments on the other, as the case may be, subject to any treaty provi-sions now existing with respect thereto, the exclusive jurisdiction and controlover the use and diversion, whether temporary or permanent, of all waters onits own side of the line which in their natural channels would flow across theboundary or into boundary waters; but it is agreed that any interferencewith or diversion from their natural channel of such waters on either side ofthe boundary, resulting in any injury on the other side of the boundary,shall give rise to the same rights and entitle the injured parties to the samelegal remedies as if such injury took place in the country where such diver-

' Came into force May 5, 1910 by the exchange of ratifications. The Senateof the United States by their resolution of March 3, 1909, resolved, as a partof its ratification " that the United States approves this Treaty with the under-standing that nothing in this Treaty shall be construed as affecting, or changing,any existing territorial, or riparian rights in the water, or rights of the ownersof lands under water, on either side of the international boundary at the rapidsof the St. Mary's river at Sault Ste Marie, in the use of the waters flowing oversuch lands, subject to the requirements of navigation in boundary waters andof navigation canals, and without prejudice to the existing right of the UnitedStates and Canada, each to use the waters of the St. Mary's River, within itsown territory; and further, that nothing in this Treaty shall be construed tointerfere with the drainage of wet, swamp, and overflowed lands into streamsflowing into boundary waters, and that this interpretation will be mentioned inthe ratification of this Treaty as conveying the true meaning of the Treaty, andwill, in effect, form part of the Treaty." [De Martens, Nouveau Recueil Gdniralde Traitds, 3,me sfrie, tome IV, p. 208 (note).] This reservation was acceptedby Great Britain by the " Protocol of Exchange " below.

2 British and Foreign State Papers, vol. 102, p. 137.

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sion or interference occurs; but this provision shall not apply to cases al-ready existing or to cases expressly covered by special agreement betweenthe parties hereto.

It is understood, however, that neither of the High Contracting Partiesintends by the foregoing provision to surrender any right which it may haveto object to any interference with or diversions of waters on the other sideof the boundary the effect of which would be productive of material injuryto the navigation interests on its own side of the boundary.

Article III. It is agreed that, in addition to the uses, obstructions anddiversions heretofore permitted or hereafter provided for by special agree-ment between the Parties hereto, no further or other uses or obstructions ordiversions, whether temporary or permanent, of boundary waters on eitherside of the line, affecting the natural level or flow of boundary waters on theother side of the line, shall be made except by authority of the UnitedStates or the Dominion of Canada within their respective jurisdictions andwith the approval, as hereinafter provided, of a joint commission, to beknown as the International Joint Commission.

The foregoing provisions are not intended to limit or interfere with theexisting rights of the Government of the United States on the one side andthe Government of the Dominion of Canada on the other, to undertake andcarry on governmental works in boundary waters for the deepening ofchannels, the construction of breakwaters, the improvement of harbours,and other governmental works for the benefit of commerce and navigation,provided that such works are wholly on its own side of the line and do notmaterially affect the level or flow of the boundary waters on the other,nor are such provisions intended to interfere with the ordinary use of suchwaters for domestic and sanitary purposes.

Article IV. The High Contracting Parties agree that, except in casesprovided for by special agreement between them, they will not permit theconstruction or maintenance on their respective sides of the boundary ofany remedial or protective works or any dams or other obstructions inwaters flowing from boundary waters or in waters at a lower level than theboundary in rivers flowing across the boundary, the effect of which is toraise the natural level of waters on the other side of the boundary unless theconstruction or maintenance thereof is approved by the aforesaid Inter-national Joint Commission.

It is further agreed that the waters herein defined as boundary watersand waters flowing across the boundary shall not be polluted on either sideto the injury of health or property on the other.

Article V. The High Contracting Parties agree that it is expedient tolimit the diversion of waters from the Niagara River so that the level ofLake Erie and the flow of the stream shall not be appreciably affected.It is the desire of both Parties to accomplish this object with the least possibleinjury to investments which have already been made in the constructionof power plants on the United States side of the river under grants ofauthority from the State of New York, and on the Canadian side of theriver under licences authorized by the Dominion of Canada and the Pro-vince of Ontario.

So long as this Treaty shall remain in force, no diversion of the watersof the Niagara River above the Falls from the natural course and stream

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thereof shall be permitted except for the purposes and to the extent herein-after provided.

Article VI. The High Contracting Parties agree that the St. Mary andMilk Rivers and their tributaries (in the State of Montana and the Provincesof Alberta and Saskatchewan) are to be treated as one stream for the pur-poses of irrigation and power, and the waters thereof shall be appor-tioned equally between the two countries, but in making such equal appor-tionment more than half may be taken from one river and less than half fromthe other, by either country, so as to afford a more beneficial use to each.It is further agreed that in the division of such waters during the irrigationseason, between the 1st of April and 31st October, inclusive, annually, theUnited States is entitled to a prior appropriation of 500 cubic feet per secondof the waters of the Milk River, or so much of such amount as constitutesthree-fourths of its natural flow, and that Canada is entitled to a priorappropriation of 500 cubic feet per second of the flow of St. Mary River,or so much of such amount as constitutes three fourths of its natural flow.

The channel of the Milk River in Canada may be used at the convenienceof the United States for the conveyance, while passing through Canadianterritory, of waters diverted from the St. Mary River. The provisions ofArticle II of this Treaty shall apply to any injury resulting to property inCanada from the conveyance of such waters through the Milk River.

The measurement and apportionment of the water to be used by eachcountry shall from time to time be made jointly by the properly constitutedreclamation officers of the United States and the properly constituted irriga-tion officers of His Majesty under the direction of the International JointCommission.

Article VII. The High Contracting Parties agree to establish and main-tain an International Joint Commission of the United States and Canada,composed of six commissioners, three on the part of the United States, ap-pointed by the President thereof, and three on the part of the United King-dom, appointed by His Majesty on the recommendation of the Governorin Council of the Dominion of Canada.

Article VIII. This International Joint Commission shall have jurisdic-tion over and shall pass upon all cases involving the use or obstruction ordiversion of the waters, with respect to which, under Articles III and IVof this Treaty, the approval of this Commission is required, and in passingupon such cases the Commission shall be governed by the following rulesand principles which are adopted by the High Contracting Parties for thispurpose:

The High Contracting Parties shall have, each on its own side of theboundary, equal and similar rights in the use of the waters hereinbeforedefined as boundary waters.

The following order of precedence shall be observed among the varioususes enumerated hereinafter for these waters, and no use shall be permittedwhich tends materially to conflict with or restrain any other use which isgiven preference over it in this order of precedence:

I. Uses for domestic and sanitary purposes;

2. Uses for navigation, including the service of canals for the purposesof navigation;

3. Uses for power and for irrigation purposes.The foregoing provisions shall not apply to or disturb any existing uses

of boundary waters on either side of the boundary.The requirement for an equal division may, in the discretion of the Com-

mission, be suspended in the cases of temporary diversions along boundarywaters at points where such equal division cannot be made advantageouslyon account of local conditions, and where such diversion does not diminishelsewhere the amount available for use on the other side.

The Commission, in its discretion, may make its approval in any caseconditional upon the construction of remedial or protective works to com-pensate, so far as possible, for the particular use or diversion proposed, andin such cases may require that suitable and adequate provision, approved bythe Commission, be made for the protection and indemnity against injuryof any interests on either side of the boundary.

In cases involving the elevation of the natural level of waters on eitherside of the line as a result of the construction or maintenance on the otherside of remedial or protective works or dams or other obstructions in boun-dary waters or in waters flowing therefrom or in waters below the boundaryin rivers flowing across the boundary, the Commission shall require, as acondition of its approval thereof, that suitable and adequate provision,approved by it, be made for the protection and indemnity of all interests onthe other side of the line which may be injured thereby.

The majority of the Commissioners shall have power to render a decision.In case the Commission is evenly divided upon any question or matterpresented to it for decision, separate reports shall be made by the Commis-sioners on each side to their own Government. The High ContractingParties shall thereupon endeavour to agree upon an adjustment of the ques-tion or matter of difference, and if an agreement is reached between them,it shall be reduced to writing in the form of a protocol, and shall be commu-nicated to the Commissioners, who shall take such further proceedings asmay be necessary to carry out such agreement.

Article IX. The High Contracting Parties further agree that any otherquestions or matters of difference arising between them involving the rights,obligations, or interests of either in relation to the other or to the inhabi-tants of the other, along the common frontier between the United Statesand the Dominion of Canada, shall be referred from time to time to theInternational Joint Commission for examination and report whenevereither the Government of the United States or. the Government of the Do-minion of Canada shall request that such questions or matters of differencebe so referred.

The International Joint Commission is authorized in each case so referredto examine into and report upon the facts and circumstances of the particularquestions and matters referred, together with such conclusions and recom-mendations as may be appropriate, subject, however, to any restrictionsor exceptions which may be imposed with respect thereto by the terms of thereference.

Such reports of the Commission shall not be regarded as decisions of thequestions or matters so submitted either on the facts or the law, and shallin no way have the character of an arbitral award.

The Commission shall make a joint report to both Governments in all

cases in which all or a majority of the Commissioners agree, and in case ofdisagreement the minority may make a joint report to both Governments, orseparate reports to their respective Governments.

In case the Commission is evenly divided upon any question or matterreferred to it for report, separate reports shall be made by the Commis-sioners on each side to their own Government.

Article X. Any questions or matters of difference arising between theHigh Contracting Parties involving the rights, obligations, or interests of theUnited States or of the Dominion of Canada either in relation to each otheror to their respective inhabitants, may be referred for decision to the Inter-national Joint Commission by consent of the two Parties, it being under-stood that on the part of the United States any such action will be by andwith the advice and consent of the Senate, and on the part of His Majesty'sGovernment with the consent of the Governor-General in Council. Ineach case so referred the said Commission is authorized to examine into andreport upon the facts and circumstances of the particular questions andmatters referred, together with such conclusions and recommendations as maybe appropriate, subject, however, to any restrictions or exceptions whichmay be imposed with respect thereto by the terms of the reference.

A majority of the said Commission shall have power to render a decisionor finding upon any of the questions or matters so referred.

If the said Commission is equally divided or otherwise unable to rendera decision or finding as to any questions or matters so referred, it shallbe the duty of the Commissioners to make a joint report to both Govern-ments, or separate reports to their respective Governments, showing thedifferent conclusions arrived at with regard to the matters or questions soreferred, which questions or matters shall thereupon be referred for decisionby the High Contracting Parties to an umpire chosen in accordance withthe procedure prescribed in the 4th, 5th, and 6th paragraphs of Article XLVof the Hague Convention for the pacific settlement of international disputes,dated the 18th October, 1907. Such umpire shall have power to render afinal decision with respect to those matters and questions so referred onwhich the Commission failed to agree.

Article XI. A duplicate original of all decisions rendered and joint re-ports made by the Commission shall be transmitted to and filed with theSecretary of State of the United States and the Governor-General of theDominion of Canada, and to them shall be addressed all communicationsof the Commission.

Article XII. The International Joint Commission shall meet and organizeat Washington promptly after the members thereof are appointed, andwhen organized the Commission may fix such times and places for its meet-ings as may be necessary, subject at all times to special call or directionby the two Governments. Each Commissioner, upon the first joint meetingof the Commission after his appointment, shall, before proceeding withthe work of the Commission, make and subscribe a solemn declaration inwriting that he will faithfully and impartially perform the duties imposedupon him under this Treaty, and such declaration shall be entered on therecords of the proceedings of the Commission.

The United States and Canadian sections of the Commission may eachappoint a secretary, and these shall act as joint secretaries of the Commis-

265

sion at its joint sessions, and the Commission may employ engineers andclerical assistants from time to time as it may deem advisable. The salariesand personal expenses of the Commission and of the secretaries shall bepaid by their respective Governments, and all reasonable and necessaryjoint expenses of the Commission incurred by it shall be paid in equalmoieties by the High Contracting Parties.

The Commission shall have power to administer oaths to witnesses and totake evidence on oath whenever deemed necessary in any proceeding, orenquiry, or matter within its jurisdiction under this Treaty, and all partiesinterested therein shall be given convenient opportunity to be heard, andthe High Contracting Parties agree to adopt such legislation as may beappropriate and necessary to give the Commission the powers above men-tioned on each side of the boundary, and to provide for the issue of subpoenasand for compelling the attendance of witnesses in proceedings beforethe Commission. The Commission may adopt such rules of procedureas shall be in accordance with justice and equity, and may make such exa-mination in person and through agents or employees as may be deemedadvisable.

Article XIII. In all cases where special agreements between the HighContracting Parties hereto are referred to in the foregoing Articles, suchagreements are understood and intended to include not only direct agree-ments between the High Contracting Parties, but also any mutual arrange-ment between the United States and the Dominion of Canada expressedby concurrent or reciprocal legislation on the part of Congress and theParliament of the Dominion.

PROTOCOL OF EXCHANGE'

On proceeding to the exchange of the ratifications of the Treaty signedat Washington on the 1 th January, 1909, between Great Britain and theUnited States, relating to boundary waters and questions arising along theboundary between the United States and the Dominion of Canada, theundersigned Plenipotentiaries, duly authorized thereto by their respectiveGovernments, hereby declare that nothing in this Treaty shall be construedas affecting or changing any existing territorial or riparian rights in thewater, or rights of the owners of lands under water, on either side of theinternational boundary at the rapids of the St. Mary's River at Sault Ste.Marie, in the use of the waters flowing over such lands, subject to therequirements of navigation in boundary waters and of navigation canals,and without prejudice to the existing right of the United States and Canadaeach to use the waters of the St. Mary's River within its own territory;and further, that nothing in this Treaty shall be construed to interfere withthe drainage of wet, swamp, and overflowed lands into streams flowinginto boundary waters, and also that this declaration shall be deemed tohave equal force and effect as the Treaty itself and to form an integralpart thereof.

The British ratification of this instrument was deposited with the UnitedStates Government on July 23, 1910.

266

The exchange of ratifications then took place in the usual form.In witness whereof they have signed the present Protocol of Exchange

and have affixed their seals thereto.Done at Washington this 5th day of May, 1910.

IV. TREATIES RELATING TO ASIAN RIVERS

IV. TRAITtS SE RAPPORTANT AUX FLEUVES ASIATIQUES

(i) MULTIPARTITE TREATIES

(ii) TRAIT9S MULTILATERAUX

80. PROTOCOLE 1 RELATIF A LA DILIMITATION DE LAFRONTIIRE TURCO-PERSANE, SIGNt A CONSTANT-INOPLE PAR LES REPRIRSENTANTS DE LA GRANDE-BRETAGNE, DE LA RUSSIE, DE LA PERSE ET DE LA TUR-

QUIE, LE 4 (17) NOVEMBRE 19132

Article 1. I1 est convenu que la frontire entre la Perse et la Turquiesera tracde comme suit:

I1 est entendu que les tribus qui ont l'habitude de passer 't. . . auxsources de Gadyr et de Lav~ne [en Iran] resteront en jouissance de leurspaturages aux mmes conditions que par le pass6.

De ce point la fronti~re suit le cours du Chatt-el-Arab jusqu'A la mer,en laissant sous la souverainet6 ottomane le fleuve et toutes les iles qui s'ytrouvent aux conditions et avec les exceptions suivantes:

c) Aucune atteinte ne sera portde aux droits, us et coutumes existantsen cc qui concerne la p&he sur le rivage persan du Chatt-el-Arab, le mot((rivage)) comprenant aussi les terres rdunies A la c6te par les eaux basses.

Ce Protocole, ainsi que.les proc~s-verbaux des seances de la Commission deddlimitation de 1914, sont consid6rds valables par l'article I du Trait6 de frontireentre l'Jrak et l'Iran, sign6 h Th6ran, le 4 juillet 1937, reproduit ci-dessous.

2 C. U. Aitchison, A Collection of Treaties, Engagements and Sanadv relating to Indiaand Neighbouring Countries, vol. XIII, p. 126.